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MESSLER v. UNITED STATES RUBBER CO.

No. 232.

148 F.2d 734 (1945)

MESSLER v. UNITED STATES RUBBER CO.

Circuit Court of Appeals, Second Circuit.

April 10, 1945.

Attorney(s) appearing for the Case

Nathaniel Frucht, of Providence, R. I. (Rockwell & Bartholow, of New Haven, Conn., of counsel), for plaintiff-appellant.

Gifford, Scull & Burgess, of New York City (Newton A. Burgess and William R. Epes, both of New York City, of counsel), for defendant-appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is a suit for infringement of a patent brought by Madge Messler, the owner of U. S. Reissue Patent No. 18,237, granted October 27, 1931, against United States Rubber Company. She is the daughter of Matie C. Messler who filed the application for the original patent, and the assignee of the latter. The alleged invention relates to a cushioning insole for boots and shoes and the claims in issue are 2 to 6 inclusive. The trial judge...

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