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AMERICAN MFG. CO. v. VERPLEX CO.

No. 145, Docket 21496.

180 F.2d 964 (1950)

AMERICAN MFG. CO. v. VERPLEX CO.

United States Court of Appeals Second Circuit.

Decided March 27, 1950.

Attorney(s) appearing for the Case

Thompson, Weir & McDonald, Curtiss K. Thompson, New Haven, Conn., A. Yates Dowell, Washington, D.C., for appellant.

Herman Seid, New York City, Rockwell & Bartholow, New Haven, Conn., for appellee.

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

SWAN, Circuit Judge.

This is an infringement suit based on Patent No. 2,338,968 issued on January 11, 1944 to the plaintiff as assignee of Harry C. Robinson and Thomas F. Challis upon an application filed August 1, 1940. Claims 1 to 5 are the claims relied on. The district court held the claims in suit invalid by reason of a prior use by United Steel and Wire Company and for lack of patentable invention.

The patent relates to a display stand of the knock-down...

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