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TAMPAX v. PERSONAL PRODUCTS CORPORATION

No. 58.

123 F.2d 722 (1941)

TAMPAX, Inc., et al. v. PERSONAL PRODUCTS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.

Attorney(s) appearing for the Case

W. Brown Morton and Pennie, Davis, Marvin & Edmonds, all of New York City, Harry C. Alberts, of Chicago, Ill., and H. Stanley Mansfield, of New York City, for plaintiffs-appellants.

Stephen H. Philbin and Kenneth Perry, both of New York City, Albert J. Fitzpatrick, of New Brunswick, N. J., and William J. Barnes, of New York City, for defendants-appellees.

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

PER CURIAM.

The district judge held that the defendants did not infringe claim one of Patent No. 1,964,911, because their compressed cotton pad was not "convoluted" as the patent defined that word (page two, lines 86-88): "folded in curves or tortuous, sinuous windings, that is, bending in and out in a serpentine, wavy or accordion folded form." When the application was filed on May 22, 1933, this passage was not in it; but another passage was (page one, lines 90...

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