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BALDWIN RUBBER CO. v. PAINE & WILLIAMS CO.

No. 7726.

99 F.2d 1 (1938)

BALDWIN RUBBER CO. v. PAINE & WILLIAMS CO.

Circuit Court of Appeals, Sixth Circuit.

October 6, 1938.

Attorney(s) appearing for the Case

Clarence B. Zewadski, of Detroit, Mich. (Whittemore, Hulbert & Belknap and Clarence B. Zewadski, all of Detroit, Mich., on the brief), for appellant.

John F. Oberlin and Howard F. Burns, both of Cleveland, Ohio (Beaumont, Smith & Harris, of Detroit, Mich., and John F. Oberlin, Howard F. Burns, and William R. Day, all of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN, and HAMILTON, Circuit Judges.

HAMILTON, Circuit Judge.

Appellee was the owner of Turner patent No. 1,715,523 for floor coverings for automobiles and the like and Vrooman patent No. 1,715,525 for a similar purpose. Claim 3 of the Turner patent was for a floor covering or the like, flexible throughout comprising a loosely-compacted fibrous base, with a layer of fabric stitched thereto, and an upper wearing surface layer of flexible vulcanized rubber.

Claim 4 of the Vrooman patent was for...

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