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MID-WEST WIRE PROD. CO. v. WALL TUBE & METAL PROD. CO.

No. 13703.

266 F.2d 345 (1959)

MID-WEST WIRE PRODUCTS COMPANY, Inc., Appellant, v. WALL TUBE AND METAL PRODUCTS COMPANY, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

May 7, 1959.

Attorney(s) appearing for the Case

William T. Sevald, Royal Oak, Mich., for appellant.

Samuel B. Fortenbaugh, Jr., Philadelphia, Pa. (Peter O. Clauss, Philadelphia, Pa., of counsel; Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., on the brief), for appellee.

Before ALLEN, McALLISTER and MILLER, Circuit Judges.

ALLEN, Circuit Judge.

This appeal is prosecuted to a judgment of the District Court finding Geralds Patent No. 2,364,705 for a basket structure valid but not infringed by appellee's basket. The District Court held that the patent is a narrow patent in a crowded art and that the claims must be strictly construed. Claim 1 is typical and reads as follows:

"A basket structure having an elongated frame of the closed loop type, and laterally spaced longitudinally...

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