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JOHN OSTER MFG. CO. v. ALLOVER MFG. CO.

No. 5839.

86 F.2d 807 (1936)

JOHN OSTER MFG. CO. v. ALLOVER MFG. CO.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 7, 1937.

Attorney(s) appearing for the Case

W. F. Buckley, of Milwaukee, Wis., for appellant.

George W. Wright and Casanave Young, both of Milwaukee, Wis., for appellee.

Before SPARKS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.

LINDLEY, District Judge.

Appellant appeals from a decree holding patent No. 1,956,042 to Oster, for improvements in hair clippers, valid but not infringed by appellee.

The art of hair clippers is not new, and the patent in suit is secondary in character. It has to do with attachment of a cutter assembly to the remainder of an electrically driven hair clipper. Claim 3 is as follows:

"A hair clipper having a body portion, a unitary cutting assembly comprising...

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