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THOMAS v. SIMMONS CO.

No. 7731.

126 F.2d 743 (1942)

THOMAS et al. v. SIMMONS CO.

Circuit Court of Appeals, Seventh Circuit.

March 18, 1942.

Attorney(s) appearing for the Case

Casper W. Ooms and Kent W. Wonnell, both of Chicago, Ill., for appellants.

Wm. E. Anderson and Cyril A. Ioans, both of Chicago, Ill., for appellee.

Before SPARKS, MAJOR and MINTON, Circuit Judges.

SPARKS, Circuit Judge.

Appellants charged appellee with infringement of claims 1, 9, 10, 11, 12, 14, 15 and 17 of United States Patent No. 2,007,988; and claims 21 and 22 of United States Patent No. 2,197,735. Both were issued to Thomas on the respective dates of July 16, 1935, and April 16, 1940, on applications filed respectively on February 18, 1932, and July 6, 1936. The defenses were invalidity and non-infringement. The court did not pass upon the issue of validity...

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