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W. S. GODWIN CO. v. INTERNATIONAL STEEL TIE CO.

No. 2024.

2 F.2d 198 (1924)

W. S. GODWIN CO. v. INTERNATIONAL STEEL TIE CO.

Circuit Court of Appeals, Sixth Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

Titian W. Johnson, of Washington, D. C. (Hull, Brock & West, of Cleveland, Ohio, on the brief), for appellant.

Frederick S. Stitt, of Washington, D. C. (Day & Day, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and DONAHUE, Circuit Judges, and SATER, District Judge.

DENISON, Circuit Judge.

Infringement suit on patent 1,324,391, December 9, 1919, W. S. Godwin, paving guard. The District Judge thought that the patent, while not anticipated in the strict sense, yet was invalid for lack of invention. If it is to be regarded merely as a step in the evolution of a guard for the edge of a concrete pavement, we agree; but we think the device is entitled to a more liberal view, in that it has a distinct and novel utility.

Pavements...

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