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AMERICAN PAD & TEXTILE CO. v. CLUFF FABRIC PRODUCTS

No. 178.

139 F.2d 696 (1944)

AMERICAN PAD & TEXTILE CO. v. CLUFF FABRIC PRODUCTS, Inc.

Circuit Court of Appeals, Second Circuit.

January 3, 1944.

Attorney(s) appearing for the Case

Walter F. Murray, of Cincinnati, Ohio, for appellant.

David G. Stember, of New York City, for appellee.

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

PER CURIAM.

Kepler's patent No. 1,064,743 left no room for invention to Potter, provided the disclosure would in fact accomplish what it professed. On page one, lines 87-89, of the specification occurred the following passage: "The main air chambers of the life preserver being located at the front, the wearer will inevitably be supported face up." During the prosecution of the application Potter disputed that this jacket would accomplish this result, but upon the...

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