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FINK v. V. FOSCATO, INC.

No. 23.

79 F.2d 842 (1935)

FINK v. V. FOSCATO, Inc., et al.

Circuit Court of Appeals, Second Circuit.

December 2, 1935.

Attorney(s) appearing for the Case

Hoguet, Neary & Campbell, of New York City (John F. Neary and Granville M. Brumbaugh, both of New York City, of counsel), for appellants.

Frank J. Kent, of New York City (Charles F. Chisholm, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This appeal questions only the validity of the patents in suit, the appellants contending that neither patent discloses invention but merely ordinary mechanical skill. The patents relate to a certain type of metal strip used in terrazzo floors. It is known as "heavy top" terrazzo strip, and consists of a thin, metal base strip of familiar type which is fastened to a thicker, metal top bar; the latter being rabbeted along one side to receive the...

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