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MABEY v. HOWARD & LEWIS MOTOR SALES

No. 3788.

132 F.2d 40 (1942)

MABEY et al. v. HOWARD & LEWIS MOTOR SALES, Inc.

Circuit Court of Appeals, First Circuit.

December 18, 1942.

Attorney(s) appearing for the Case

Ira Lloyd Letts, of Providence, R. I. (Perley H. Plant, John L. Curran, and Louis V. Jackvony, all of Providence, R. I., of counsel), for appellants.

I. Joseph Farley, of Detroit, Mich. (S. Everett Wilkins, Jr., and Hinckley, Allen, Tillinghast & Wheeler, all of Providence, R. I., and Thomas J. Hughes, of Detroit, Mich., of counsel), for appellee.

Before MAGRUDER, MAHONEY, and WOODBURY, Circuit Judges.

PER CURIAM.

This suit for patent infringement presents the question whether the application of a skeleton frame to prevent horizontal or vertical movement of a battery in an over-size container involves invention. The District Court held the patent invalid (O'Brien v. Howard & Lewis Motor Sales, Inc., 1941, 42 F.Supp. 329), and plaintiffs appealed.

Appellants are the patentee under U. S. Patent No. 1,677,789, granted...

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