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M. & B. MFG. CO. v. MUNK

No. 365.

77 F.2d 261 (1935)

M. & B. MFG. CO., Inc., v. MUNK et al.

Circuit Court of Appeals, Second Circuit.

May 6, 1935.

Attorney(s) appearing for the Case

John W. Remer and Howard P. King, both of New York City (Joseph J. O'Brien, of New York City, of counsel), for appellants.

Morris Kirschstein, of New York City (Kommel & Rosenberg, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The sole question in this case is as to the validity of claims 6 and 7 of reissue patent No. 18,100, issued on June 16, 1931, to Mersfelder & Balze. The patent is for a "clean-out" plug in a waste pipe; omitting details which are included in the other claims but not in those in suit, it is of very simple construction. "Clean-out" openings are necessary to give access to traps in waste pipes when they get clogged, and it had been the common...

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