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EDISON ELECTRIC APPLIANCE CO. v. FITZGERALD MFG. CO.

No. 317.

32 F.2d 705 (1929)

EDISON ELECTRIC APPLIANCE CO. v. FITZGERALD MFG. CO.

Circuit Court of Appeals, Second Circuit.

May 6, 1929.

Attorney(s) appearing for the Case

A. D. Salinger, of Boston, Mass. (Fish, Richardson & Neave, of Boston, Mass., of counsel), for appellant.

Charles L. Sturtevant, of Washington, D. C. (Sturtevant, Mason & Porter, of Washington, D. C., of counsel), for appellee.

Before SWAN and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The design is in substance an addition of the prior art round waffle iron of Griswold to the glowing coil stove of Mersick & Co. We find it unnecessary to pass upon the validity of the patent. If its validity be assumed, we agree with the District Court that there is no infringement by defendant. Although servile imitation is not required to constitute infringement, a patentee who claims only the design "as shown" is limited to substantially the form...

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