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HARLEY v. TRAITEL MARBLE CO.

No. 5235.

73 F.2d 257 (1934)

HARLEY v. TRAITEL MARBLE CO.

Circuit Court of Appeals, Third Circuit.

October 2, 1934.

Attorney(s) appearing for the Case

Bernard F. Garvey, of Washington, D. C., C. Richard Allen, of Camden, N. J., and H. M. McCaughey, of Philadelphia, Pa., for appellant.

Hans von Briesen and Fred A. Klein, both of New York City, for appellee.

Before DAVIS and THOMPSON, Circuit Judges, and DICKINSON, District Judge.

DAVIS, Circuit Judge.

The questions here relate to the validity of claims 4 to 7 of United States Patent No. 1,451,491, issued to S. H. Calkins on April 10, 1923, and claim 3 of the Calkins Reissue Patent No. 15,824, granted on April 29, 1924, both of which are owned by the Traitel Marble Company, the plaintiff below. They relate to a "pattern and guide strip" for use in laying terrazzo flooring, and to infringement by the defendant, Harley. The District Court held...

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