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CAPEX CO. v. SWARTZ

No. 9405.

166 F.2d 5 (1948)

CAPEX CO. v. SWARTZ.

Circuit Court of Appeals, Seventh Circuit.

February 18, 1948.

Attorney(s) appearing for the Case

William A. Snow and Charles W. Rummler, both of Chicago, Ill., for appellant.

Harry H. Hitzeman, of Chicago, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Defendant appeals from a judgment of validity and infringement of design Patent No. 132,997 granted to Pease July 7, 1942, upon application filed March 2, 1942.

The patentee claimed "The ornamental design for a game board or similar article, as shown." The drawing discloses a substantially square board on which are depicted ten bowling pins arranged in the usual bowling-alley formation. The area

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