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MILLER v. SWARTTZ

No. 4499.

52 F.2d 542 (1931)

MILLER v. SWARTTZ et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied November 2, 1931.

Attorney(s) appearing for the Case

Busser & Harding, of Philadelphia, Pa. (Geo. J. Harding and Frank S. Busser, both of Philadelphia, Pa., of counsel), for appellant.

Levi & Mandel, of Philadelphia, Pa. (Alvin L. Levi and Julius C. Levi, both of Philadelphia, Pa., of counsel), for appellees.

Before BUFFINGTON, WOOLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

The plaintiff appeals from a decree dismissing his infringement bill based on the single claim of a patent to Elston, No. 1,690,776, for woven material. The District Court held the claim invalid for want of invention. As the structure and general appearance of the defendants' material were those of the patented product except as to certain strand embellishments, the patent, if valid, is clearly infringed. The sole question, therefore, is invention...

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