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GELARDIN v. REVLON PRODUCTS CORPORATION

No. 104, Docket 20787.

164 F.2d 910 (1948)

GELARDIN v. REVLON PRODUCTS CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

January 7, 1948.

Attorney(s) appearing for the Case

Thomas J. Byrne and Frederick Griswold, both of New York City, for appellant.

W. Lee Helms, of New York City, for Revlon Products Corporation.

Asher Blum and Mack & Blum, all of New York City, for Advertising Arts Corporation.

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

L. HAND, Circuit Judge.

This is an appeal from a judgment, dismissing the complaint in a patent infringement action because of the invalidity of the patent — No. 2,318,152. The primary object of the invention is to disclose "a cosmetic holder, all parts of which are wholly composed of plastic material"; and the mechanism disclosed was, in general, concededly old: that is to say: "a cosmetic holder in which the carrier for the cosmetic is advanced by the relative...

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