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TRAITEL MARBLE CO. v. U. T. HUNGERFORD BRASS & COPPER CO.

No. 221.

18 F.2d 66 (1927)

TRAITEL MARBLE CO. v. U. T. HUNGERFORD BRASS & COPPER CO.

Circuit Court of Appeals, Second Circuit.

March 14, 1927.

Attorney(s) appearing for the Case

Robert W. Hardie, of New York City, for appellant.

Darby & Darby, of New York City (Samuel E. Darby, Jr., and Walter A. Darby, both of New York City, of counsel), for appellee.

Before MANTON, HAND, and SWAN, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

Guide strips for precisely the same purpose as Calkins' were indeed old in November, 1919, when he filed his first application; they are disclosed in the Swiss patent to Cassani of 1910. They left no scope for invention, except in the form of the strips themselves. Probably Cassani assumed that the patterns might be curved, though he did not so show them, but in any case that would

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