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MAGARIAN v. DETROIT PRODUCTS CO.

No. 9811.

128 F.2d 544 (1942)

MAGARIAN v. DETROIT PRODUCTS CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied July 15, 1942.

Attorney(s) appearing for the Case

Adelbert Schapp, of San Francisco, Cal., for appellant.

Fred H. Miller, of Los Angeles, Cal. (James M. Naylor, of San Francisco, Cal., of counsel), for appellee.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Involved here are patents No. 2,153,634 for a signal arm, and No. D-109,148, covering the design of the same contrivance. These patents were applied for in November, 1937, the design patent being issued April 5, 1938, and the utility patent a year later. On the trial below for infringement the court held both patents invalid for want of invention. The patentee appeals.

1. The utility patent is for an improved mechanical arm of the familiar...

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