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PENMAC CORPORATION v. ESTERBROOK STEEL PEN MFG. CO.

No. 140.

108 F.2d 695 (1940)

PENMAC CORPORATION v. ESTERBROOK STEEL PEN MFG. CO.

Circuit Court of Appeals, Second Circuit.

January 8, 1940.

Attorney(s) appearing for the Case

Frederic P. Warfield, of New York City, for plaintiff-appellee.

Charles H. Howson, of New York City (Howson & Howson and Hubert Howson, all of New York City, on the brief), for defendant-appellant.

Before SWAN, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

This action for the usual injunction and accounting for patent infringement was originally brought upon nine patents for mechanical pencils. Four were eliminated voluntarily from the action before trial. The District Court sustained the claims as to two and held the other three invalid. Defendant's appeal therefore concerns only the two patents upheld, Nos. 1,866,072 and 1,928,042, issued to Alfred Woelm (Woelm No. 1 and No. 2). The detailed...

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