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MALMSTEAD v. WARNER BROS. CO.

No. 277.

103 F.2d 334 (1939)

MALMSTEAD v. WARNER BROS. CO.

Circuit Court of Appeals, Second Circuit.

April 10, 1939

Attorney(s) appearing for the Case

George T. Gill, of New York City, for appellant.

Merrell E. Clark, E. Cummings Sanborn, and Charles H. Walker, all of New York City, for appellee.

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

PER CURIAM.

The word, "uplift" in claims eight and ten of the patent in suit, when read upon the specifications, is not entirely plain. It might mean pouches, or cups, which hold the breasts, as in any ordinary brassière; or it might mean the "lining piece, 23" (page two, lines 40, 41) which is drawn "up over the breasts", and which "constitutes the uplift" (page two, line 43). Obviously, if the second reading be the right one, the defendant does not infringe...

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