BUFFINGTON, Circuit Judge.
This case arises out of a motion for a preliminary injunction to prevent alleged infringement of a design patent for a small table cover. The judge found the identity of the defendant's and the plaintiff's table scarfs. We entirely agree with that conclusion. He found, however, that neither the plaintiff's nor defendant's scarfs were made to resemble the design patent and refused the injunction. Thereupon this appeal was taken. We are of...
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