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BOSTITCH, INC. v. PRECISION STAPLE CORPORATION

No. 55, Docket 21421.

178 F.2d 332 (1949)

BOSTITCH, Inc. v. PRECISION STAPLE CORPORATION et al.

United States Court of Appeals Second Circuit.

Decided December 12, 1949.

Attorney(s) appearing for the Case

John P. Chandler, New York City, attorney for appellants.

George P. Dike, Boston, Mass., attorney for appellee; Dike, Calver & Porter, of Boston, Mass., and John W. Hoag and Hoag, Kilburn & Carlson, of New York City, on the brief.

Before L. HAND, Chief Judge and SWAN and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This is a patent infringement suit based on two combination patents for improvements in manually operated stapler-fastening devices. The Goodstein patent, No. 2,309,763, was granted February 2, 1943 on an application filed August 16, 1938. Claims 1, 2, 9 and 10 are in suit. The Maynard patent, No. 2,264,322 is for improvements on Goodstein's invention. Although granted earlier, December 2, 1941, the application was filed later, December 12, 1938...

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