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KEMPER-THOMAS CO. v. J. P. GORDON CO.

No. 6279.

67 F.2d 478 (1933)

KEMPER-THOMAS CO. et al. v. J. P. GORDON CO.

Circuit Court of Appeals, Sixth Circuit.

November 15, 1933.

Attorney(s) appearing for the Case

Marston Allen, of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, on the brief), for appellant.

Robert E. Barry, of Washington, D. C. (Allen I. Pretzman, of Columbus, Ohio, and Seymour & Bright, of Washington, D. C., on the brief), for appellees.

Before MOORMAN, HICKS, and SIMONS, Circuit Judges.

SIMONS, Circuit Judge.

Appellants are respectively licensee and owner of Rowe patent, No. 1,755,133, and appeal from a decree in an infringement suit holding the patent invalid.

Though Rowe described his invention as a cover for annular objects, it relates to advertising covers for spare automobile tires. Its only commercial embodiment is a cover having a stiff cardboard disc and a crepe paper annulus or tread-band sewed thereto. Novelty is claimed to reside...

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