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GUIDE v. DESPERAK

Nos. 269, 270, Dockets 24378, 24379.

249 F.2d 145 (1957)

Anthony GUIDE, Plaintiff-Appellant, v. Sam DESPERAK and Joseph Roschko, individually and as co-partners doing business under the firm name and style of Advance Sewing Machine Company, Defendants-Appellees. Anthony GUIDE, Plaintiff-Appellant, v. ADVANCE SPIRAL MACHINE COMPANY, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided October 22, 1957.

Attorney(s) appearing for the Case

Darby & Darby, New York City (Harvey W. Mortimer, New York City, and Harry W. F. Glemser and Bacon & Thomas, Washington, D. C., of counsel, on the brief), for plaintiff-appellant.

Samuel J. Stoll, Jamaica, N. Y., for defendants-appellees.

Before, HINCKS, STEWART and LUMBARD, Circuit Judges.

PER CURIAM.

Appellant is the owner of patent No. 2,674,963. He brought these two actions; one for patent infringement, and the other for unfair competition. Defendants counterclaimed for a judgment declaring the patent invalid. Both causes were tried together and Judge Dawson, in an opinion reported at 1956, 144 F.Supp. 182, held that the patent was invalid because of the failure of the patentee to describe his claims with sufficient...

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