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LYON v. BAUSCH & LOMB OPTICAL CO.

No. 216, Docket 23345.

224 F.2d 530 (1955)

Dean A. LYON, Plaintiff-Appellee, v. BAUSCH & LOMB OPTICAL CO., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 20, 1955.

On Petition For Rehearing July 29, 1955.

Attorney(s) appearing for the Case

Edward H. Cumpston, Rochester, N. Y., John N. Cooper, New York City (G. A. Ellestad, Rochester, N. Y., on the brief), for appellant.

John W. Malley, Washington, D. C. (C. Willard Hayes, Cushman, Darby & Cushman, Washington, D. C., and B. E. Shlesinger, Rochester, N. Y., on the brief), for appellee.

Before HAND, SWAN and HINCKS, Circuit Judges.

HAND, Circuit Judge.

This is an appeal from a judgment of the District Court for the Western District of New York (Burke, J., presiding), sustaining the validity of Patent No. 2,398,382, granted to the plaintiff, Lyon, on April 16, 1946, upon an application filed November 17, 1942. Of the nine claims all but 6 and 7 are in suit; the judgment held all seven valid, and the defendant concedes infringement. Judge Burke, in a long and careful opinion,

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