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ROBERT W. IRWIN CO. v. EMPIRE TABLE CO.

No. 7548.

123 F.2d 636 (1941)

ROBERT W. IRWIN CO. v. EMPIRE TABLE CO., Inc.

Circuit Court of Appeals, Seventh Circuit.

November 27, 1941.

Attorney(s) appearing for the Case

Harry W. Lindsey, Jr., of Chicago, Ill., and Otis A. Earl and Ralph L. Chappell, both of Kalamazoo, Mich., for appellant.

W. Lee Helms, of New York City, and Geo. A. Chritton, Bernard A. Schroeder, Chritton, Wiles, Davies & Hirschl, all of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

MAJOR, Circuit Judge.

This is an appeal from a judgment, entered September 4, 1940, adjudging Claim 5 of Patent 1,736,533 invalid for lack of invention. The patent, entitled an "End Extension Table," was issued November 19, 1929, to Robert W. Irwin and Nicholas Bekius. Plaintiff's title and ownership are conceded. The article described is known as a refectory table with an extension leaf, supported on wooden slides, capable of being housed under the main fixed table...

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