F. W. WOOLWORTH CO. v. SMITH

No. 8573.

34 F.2d 895 (1929)

F. W. WOOLWORTH CO. v. SMITH.

Circuit Court of Appeals, Eighth Circuit.

September 16, 1929.


Attorney(s) appearing for the Case

A. C. Paul, of Minneapolis, Minn., for appellant.

F. A. Whiteley, of Minneapolis, Minn., for appellee.

Before STONE, BOOTH, and GARDNER, Circuit Judges.


STONE, Circuit Judge.

This is a suit for infringement of letters patent, Smith No. 1,431,336, relating to improvements in vanity cases. From a decree adjudging infringement, this appeal is brought.

The contention here is that the prior art narrowly restricts the validity of the patent and, so restricted, there is no infringement.

The patent here is not truly for a vanity case, but for a flexible container for a powder puff so constructed as to completely...

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