LATTIMER-STEVENS CO. v. KITSON CO.

No. 4079.

59 F.2d 826 (1931)

LATTIMER-STEVENS CO. v. KITSON CO.

District Court, E. D. Pennsylvania.

July 23, 1931.


Attorney(s) appearing for the Case

Howson & Howson, of Philadelphia, Pa., for plaintiff.

Busser & Harding, of Philadelphia, Pa., for defendant.


KIRKPATRICK, District Judge.

I am of the opinion that the master erred in holding that the angle bar type of structure manufactured by the defendant, exemplified by the Plaintiff's Accounting Exhibit M, did not fall within the claim of the patent in suit and was not an infringing device.

The essence of the patent lies in the following distinguishing characteristics of the bar: (1) Ability to be bent, in order to meet what may be called major disalignments...

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