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REINER v. I. LEON CO.

No. 69, Docket 28100.

324 F.2d 648 (1963)

Kenneth REINER and Frank A. Klaus, Jr., d/b/a Kaynar Company and Kaynar Mfg. Co., Inc., Plaintiffs-Appellees, v. The I. LEON CO., Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 15, 1963.

Attorney(s) appearing for the Case

John M. Lee of Fulwilder, Patton, Rieber, Lee & Utecht, Los Angeles, Cal. (William R. Liberman, New York City, on the brief), for plaintiffs-appellees.

Maxwell E. Sparrow of Sparrow & Sparrow, New York City, for defendant-appellant.

Before MEDINA, HAYS and MARSHALL, Circuit Judges.

HAYS, Circuit Judge.

This is the second time this patent litigation has been before this court. In the former appeal, Reiner v. I. Leon Co., 285 F.2d 501 (2d Cir. 1960), cert. denied, 366 U.S. 929, 81 S.Ct. 1649, 6 L.Ed.2d 388 (1961), we upheld the validity of Claim 3 of plaintiffs' Reissue Patent No. 23,163, and held that Claim 3 was infringed by the device then being manufactured by defendant. The present case involves a new device...

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