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BATTERY PATENTS CORPORATION v. CHICAGO CYCLE S. CO.

No. 7087.

111 F.2d 861 (1940)

BATTERY PATENTS CORPORATION v. CHICAGO CYCLE SUPPLY CO.

Circuit Court of Appeals, Seventh Circuit.

May 6, 1940.

Attorney(s) appearing for the Case

Russell Wiles, Charles J. Merriam, Horace Dawson, George A. Chritton, and Chritton, Wiles, Davies, Hirschl & Dawson, all of Chicago, Ill., for appellant.

Albert G. McCaleb, Warren C. Horton, and Arthur Nelson Cornell, all of Chicago, Ill., for appellee.

Before TREANOR and KERNER, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff appeals from a decree holding invalid for want of invention design patent No. 107,358, to Lewis, December 7, 1937, filed December 28, 1934.

In his application, Lewis illustrated a combined bicycle wheel mud guard and lamp, the former being practically a half circle, and the latter, a streamlined lamp fixed on top of the guard. This combination, he asserted, was a new, original and ornamental design for a combined bicycle...

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