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SIDNEY BLUMENTHAL & CO. v. ROSSIE VELVET CO.

No. 220.

89 F.2d 29 (1937)

SIDNEY BLUMENTHAL & CO., Inc., v. ROSSIE VELVET CO.

Circuit Court of Appeals, Second Circuit.

April 5, 1937.

Attorney(s) appearing for the Case

E. Clarkson Seward and W. Saxton Seward, both of New York City, and David L. Daggett, of New Haven, Conn., for appellant.

Curtiss K. Thompson, of New Haven, Conn. (William S. Pritchard and H. H. Levin, both of New York City, of counsel), for appellee.

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

CHASE, Circuit Judge.

This is a suit for infringement of patent No. 1,989,535 issued to the plaintiff, as assignee, on January 29, 1935, on the application of Frederick W. Stolzenberg filed December 12, 1932. It relates to an improvement in pile fabrics and more especially to the variety known as transparent velvet. The applicant said in his specifications:

"A pile fabric commonly known as transparent velvet has become very popular during the past few years...

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