NIEBLO MFG. CO. v. PRESTON

No. 103.

31 F.2d 145 (1929)

NIEBLO MFG. CO., Inc., v. PRESTON et al.

District Court, D. Vermont.

February 18, 1929.


Attorney(s) appearing for the Case

Ambrose L. O'Shea, of New York City, for plaintiff.

Emery, Booth, Janney & Varney and Henry M. Weidner, all of Boston, Mass., for defendants.


THOMAS, District Judge.

This suit involves the alleged infringement of Lowell patent, No. 1,493,687, for a golfing tee, granted to the plaintiff on May 13, 1924, on an application filed May 5, 1922.

The defenses are noninfringement and invalidity by reason of anticipation by, and lack of invention over, prior patents and the prior art.

The single claim of the patent in suit reads as follows: "A golfing tee, formed of a single piece of material comprising...

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