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GATCH WIRE GOODS CO. v. W. A. LAIDLAW WIRE CO.

No. 6892.

108 F.2d 433 (1939)

GATCH WIRE GOODS CO. v. W. A. LAIDLAW WIRE CO. et al.

Circuit Court of Appeals, Seventh Circuit.

December 11, 1939.

Attorney(s) appearing for the Case

E. D. McLaughlin, of Peoria, Ill., Clarence F. Poole, of Chicago, Ill., and Robert Watson, of Washington, D. C., for appellant.

Burnett M. Chiperfield, of Canton, Ill., and Robert J. Clendenin and Theodore C. Baer, both of Peoria, Ill., for appellees.

Before EVANS, TREANOR, and KERNER, Circuit Judges.

EVANS, Circuit Judge.

This appeal assails the decree which dismissed a patent infringement suit on the ground that the patent on its face did not disclose patentable invention and was invalid. The patent covers an improvement in a fly swatter, the improvement consisting in the use of a rubberized fabric frame.

The decree having been entered on a motion to dismiss, no evidence was introduced. Attached however to the defendant's motion to dismiss the amended...

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