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AMERICAN TYPE FOUNDERS v. DEXTER FOLDER CO.

No. 30, Docket 20676, October Term, 1947.

164 F.2d 118 (1947)

AMERICAN TYPE FOUNDERS, Inc. v. DEXTER FOLDER CO. et al.

Circuit Court of Appeals, Second Circuit.

November 3, 1947.

Attorney(s) appearing for the Case

William Bohleber, of New York City (Ira Milton Jones, of Milwaukee, Wis., and A. J. Hudson, of New York City, of counsel), for defendants-appellants.

Burgess, Ryan & Hicks, of New York City (Newton A. Burgess, of New York City, and Robert C. Watson, of Washington, D. C., of counsel), for plaintiff-appellee.

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

PER CURIAM.

The discussion by Judge Kennedy of the scope of U. S. Patent No. 1,898,535 to Haupt, of U. S. Patent No. 2,108,702 to Backhouse, and U. S. Patent No. 2,144,057 to Hallstream requires an affirmance of the judgment in this action for the persuasive reasons given in his opinion. We agree with him that these patents do not disclose an air propelled mode of operation and that even if the specifications could be regarded as sufficiently describing such a method...

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