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NIEBLO MFG. CO. v. PRESTON

No. 239.

39 F.2d 604 (1930)

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

Circuit Court of Appeals, Second Circuit.

March 3, 1930.

Attorney(s) appearing for the Case

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

Emery, Booth, Varney & Townsend, of Boston, Mass. (Henry M. Weidner, of Boston, Mass., of counsel), for appellees.

Before L. HAND, SWAN, and MACK, Circuit Judges.

PER CURIAM.

The facts are stated in Judge Thomas' opinion, with which we agree, except that we wish to throw no doubt upon the validity of the patent. The scope of the single claim appears to us too narrow under well-settled rules to allow us to include the supposed infringements, though unhappily these really steal the heart of the invention. The crucial element is that described in the phrase, "surrounded by a marginal ball-retaining and supporting rim"; the whole...

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