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INTERNATIONAL BANDING MACH. CO. v. AMERICAN BANDER CO.

No. 336.

9 F.2d 606 (1925)

INTERNATIONAL BANDING MACH. CO. v. AMERICAN BANDER CO., Inc.

Circuit Court of Appeals, Second Circuit.

June 16, 1925.

Attorney(s) appearing for the Case

Julius M. Mayer, C. A. L. Massie, Jacob Schechter, John L. Lotsch, Mayer, Warfield & Watson, and Schechter & Lotsch, all of New York City, for appellant.

Charles Neave and Merrell E. Clark, both of New York City, for appellee.

Before HOUGH, MANTON, and HAND, Circuit Judges.

MANTON, Circuit Judge.

Appellant sues claiming infringement of claims 22, 88, and 97 of patent No. 920,698, granted May 4, 1909, on application filed April 26, 1907, and claim 5 of patent No. 1,261,832, granted April 9, 1919, on application filed May 11, 1916. Both patents relate to a banding machine which is used for banding cigars.

The first patent (No. 920,698) has 97 claims, and claims 22, 88, and 97 are as follows:

"22. A machine for applying...

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