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KOOL KOOSHION MFG. CO. v. MITCHELL MFG. CO.

No. 11144.

102 F.2d 37 (1939)

KOOL KOOSHION MFG. CO. v. MITCHELL MFG. CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 23, 1939.

Attorney(s) appearing for the Case

Clarence B. Des Jardins, of Washington, D. C. (John H. Halley, of Oklahoma City, Okl., on the brief), for appellant.

Edwin E. Huffman, of St. Louis, Mo. (Daily & Woods, of Fort Smith, Ark., on the brief), for appellee.

Before STONE, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

This is an action for patent infringement by the assignee of Harley No. 1,541,212 and Harley No. 1,541,213. From a decree adjudicating validity but non-infringement, plaintiff appeals.

Each of these patents is a combination patent and covers a "cool cushion and seat". Patent No. 1,541,212 is a combination of three elements: a fabric cover, an inside ring member to preserve the shape of the cover, and an inside spring member to distend...

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