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ALLEN v. BARR

No. 11335.

196 F.2d 159 (1952)

ALLEN et al. v. BARR et al.

United States Court of Appeals Sixth Circuit.

Rehearing Denied May 20, 1952.

Attorney(s) appearing for the Case

Thomas S. Donnelly, Detroit, Mich. (Edward M. Apple and Thomas S. Donnelly, Detroit, Mich., on the brief), for appellants.

E. J. Balluff, Detroit, Mich. (E. J. Balluff, and Harry E. Warning, Detroit, Mich., on the brief), for appellees.

Before HICKS, Chief Judge, SIMONS and MARTIN, Circuit Judges.

HICKS, Chief Judge.

This is a suit for infringement of Allen patent No. 2467001, April 12, 1949, for a "Scuff Pad" for automobile fenders. The specification states that an object of the invention is to provide a scuff pad, or protective shield for the automobile fender adjacent to the opening for the gas tank. The District Court correctly found the patent invalid. The patent has two claims. Claim No. 1 is typical.1

The specifications...

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