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MINNESOTA MIN. & MFG. CO. v. INDUSTRIAL TAPE CORPORATION

No. 9467.

168 F.2d 7 (1948)

MINNESOTA MIN. & MFG. CO. v. INDUSTRIAL TAPE CORPORATION.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 10, 1948.

Attorney(s) appearing for the Case

Geo. I. Haight and M. K. Hobbs, both of Chicago, Ill., and E. G. Carpenter and Harold J. Kinney, both of St. Paul, Minn., for appellant.

Drury W. Cooper, of New York City, Harry W. Lindsey, Jr., of Chicago, Ill., Arnold S. Worfolk, of New York City, and Johnson & Johnson, of New Brunswick, N. J., for appellee.

Before MAJOR and MINTON, Circuit Judges, and DUFFY, District Judge.

MAJOR, Circuit Judge.

This is an appeal from an order dismissing plaintiff's complaint in a suit for patent infringement. The order of dismissal followed the court's findings of fact and conclusions of law, in which it was found that the claims in suit were invalid because anticipated by certain prior art patents and publications, and that no patentable invention was shown in view of the prior art.

The patent in suit No. 2,221,213, entitled "Tape Dispenser...

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