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C. H. DEXTER & SONS, INC. v. KIMBERLY-CLARK CORPORATION

No. 5812.

292 F.2d 371 (1961)

C. H. DEXTER & SONS, INC., Plaintiff, Appellant, v. KIMBERLY-CLARK CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

June 22, 1961.

Attorney(s) appearing for the Case

Peter L. Costas, West Hartford, Conn., with whom Robert L. Thompson, Boston, Mass., and T. Clay Lindsey, Hartford, Conn., were on brief, for appellant.

Richard F. Walker, Boston, Mass., with whom Paul J. Glaister, Neenah, Wis., was on brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is an action for patent infringement in which the district court found the patent invalid and not infringed. The patent, F. H. Osborne, No. 2,414,833, was issued January 28, 1947. Claims 1 and 2 were for a tea bag paper with predominantly thermoplastic fibers on the top, or "fat" side, and entirely non-thermoplastic fibers on the bottom. This distribution permitted self-adhesion on folding the fat side upon itself between heated clamping...

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