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SCOTT & WILLIAMS v. WHISNANT

No. 4881.

126 F.2d 19 (1942)

SCOTT & WILLIAMS, Inc., v. WHISNANT et al.

Circuit Court of Appeals, Fourth Circuit.

February 17, 1942.

Attorney(s) appearing for the Case

Charles H. Howson, of Philadelphia, Pa. (Hubert A. Howson, of New York City, George H. Ward, of Asheville, N. C., Howson & Howson, of Philadelphia, Pa., and Jones, Ward & Jones, of Asheville, N. C., on the brief), for appellant.

Henry N. Paul, Jr., and Henry N. Paul, both of Philadelphia, Pa. (Joseph L. Murphy, Jr., of Hickory, N. C., and Paul & Paul and John H. Austin, all of Philadelphia, Pa., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

This is an appeal from a judgment of the District Court for the Western District of North Carolina, District Judge Webb sitting. The judgment was in favor of the defendants and the court held, in an action for alleged infringement, that the patent in suit, Letters Patent No. 1,615,807, as to Claims 4 and 5 thereof, is invalid and not infringed.

In arriving at his decision, Judge Webb decided in favor of the defendants all four of the...

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