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JULIUS KAYSER & CO. v. ROSEDALE KNITTING CO.

No. 6573.

98 F.2d 839 (1938)

JULIUS KAYSER & CO. et al. v. ROSEDALE KNITTING CO.

Circuit Court of Appeals, Third Circuit.

July 23, 1938.

Attorney(s) appearing for the Case

Hugh M. Morris, of Wilmington, Del., Charles H. Howson and Joseph G. Denny, Jr., both of Philadelphia, Pa., and Noah A. Stancliffe, of New York City, for appellants.

Samuel E. Darby, Jr., of New York City, Thomas G. Haight, of Jersey City, N. J., Henry N. Paul, of Philadelphia, Pa., A. I. Spiro, of New York City, and Fraley & Paul, of Philadelphia, Pa., for appellee.

Before BUFFINGTON, DAVIS, and BIGGS, Circuit Judges.

BUFFINGTON, Circuit Judge.

In the court below the plaintiffs, assignees of patent No. 1,969,307, granted August 7, 1934, to Charles A. Kaufman for "hosiery and the manufacture thereof," brought suit against defendant charging infringement. On final hearing the trial court held the patent invalid. Thereupon plaintiff took this appeal.

The case concerns the weaving of full fashioned chiffon hosiery devoid of horizontal bands or streaks or, as styled by the trade...

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