ELOESSER-HEYNEMANN CO. v. BAYLY-UNDERHILL MFG. CO.

No. 8046.

29 F.2d 305 (1928)

ELOESSER-HEYNEMANN CO. v. BAYLY-UNDERHILL MFG. CO.

District Court, D. Colorado.

November 13, 1928.


Attorney(s) appearing for the Case

Bardwell, McComb & Strong, of Denver, Colo., for plaintiff.

A. J. O'Brien, of Denver, Colo., for defendant.


McDERMOTT, District Judge.

The plaintiff holds a patent for an ornamental design for children's rompers (No. 56,450 — October 26, 1920). There is no detail in the specification. The action is for infringement; the defenses the usual ones of nonpatentability, anticipation, and noninfringement.

The plaintiff's patent is succinctly described by the Court of Appeals of the Ninth Circuit as follows:

"The design patent involved, as illustrated, contains...

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