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eBook details

• Title: Emerson v. National Cylinder Gas Co.
• Author : United States Court of Appeals First Circuit
• Release Date : January 15, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

We have before us three appeals from a decision of the United States District Court for the District of Massachusetts in two patent infringement actions which were consolidated for trial. Plaintiff appeals in No. 5233 from the decision holding Claims 3 and 4 of Patent No. 2,268,172 and Claim 9 of Patent No. 2,468,741 owned by him to be invalid for lack of invention. Two cross appeals were filed by the defendants. No. 5235 concerned the district courts denial of full costs and its denial of National Cylinder Gas Companys counterclaim for a declaratory judgment as to the validity of Claims 1 and 2 of Patent No. 2,268,172 which were not alleged by the plaintiff to be infringed by the defendants structure and were not disposed of by the district court in its decision.No. 5234 concerned the denial of full costs to the defendants in the action brought on Claim 9 of Patent No. 2,468,741.

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