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FRANKLIN v. MASONITE CORPORATION

No. 110.

132 F.2d 800 (1942)

FRANKLIN v. MASONITE CORPORATION.

Circuit Court of Appeals, Second Circuit.

December 31, 1942.

Attorney(s) appearing for the Case

Daniel L. Morris and Blair, Curtis & Hayward, all of New York City, for plaintiff-appellant.

George I. Haight, of Chicago, Ill., and W. R. Liberman, of New York City (Herbert H. Dyke, of Laurel, Miss., of counsel), for defendant-appellee.

Before L. HAND, SWAN and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment holding infringed, but invalid, the single claim of Patent No. 1,826,499, issued on October 6, 1931, to Wayne W. Blackburn. The invention is described as having as its "primary object" to provide a device "whereby the joints between laths * * * may be reinforced" so as to prevent cracks in the plaster. Secondary objects are: (1) To provide "reinforcing elements" which can be easily "handled and bundled...

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