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SEARS, ROEBUCK & CO. v. MINNESOTA MINING & MFG. CO.

No. 7298.

249 F.2d 66 (1957)

SEARS, ROEBUCK and COMPANY and The Plymouth Rubber Company, Inc., Appellants, v. MINNESOTA MINING and MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided October 18, 1957.

Attorney(s) appearing for the Case

Hector M. Holmes, Boston, Mass. (Thornton H. Brooks, Greensboro, N. C., H. L. Kirkpatrick and E. T. LeGates, Boston, Mass., on brief), for appellants.

Harold J. Kinney, St. Paul, Minn. (Lawrence C. Kingsland, St. Louis, Mo., Welch Jordan, Greensboro, N. C., Estill E. Ezell, St. Louis, Mo., and M. K. Hobbs, Platteville, Wis., on brief), for appellee.

Before PARKER, Chief Judge, and SOPER and SOBELOFF, Circuit Judges.

PER CURIAM.

After our decision in this case, Sears, Roebuck & Co. v. Minnesota Mining & Manufacturing Co., 243 F.2d 136, in which United States Reissue Patent No. 23,843 was held not to be infringed by the defendant, a petition for rehearing and a motion to reopen the case on the ground of newly discovered evidence were filed. The decision of the Court was based in large part upon the teaching of the patent that, in order...

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