No. 5848.

302 F.2d 2 (1962)

RIPPLE SOLE CORPORATION, Plaintiff, Appellant, v. AMERICAN BILTRITE RUBBER CO., Inc., Defendant, Appellee.

United States Court of Appeals First Circuit.

May 3, 1962.

Attorney(s) appearing for the Case

Edwin J. Balluff, Detroit, Mich., with whom Benjamin W. Colman, Southfield, Mich., Irving U. Townsend, Jr., Boston, Mass., Balluff & McKinley, Detroit, Mich., and Emery, Booth, Miller & Townsend, Boston, Mass., were on the brief, for appellant.

Melvin R. Jenney and Clarence S. Lyon, Boston, Mass., with whom Richard R. Hildreth and Kenway, Jenney & Hildreth, Boston, Mass., were on the brief, for appellee.

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

WOODBURY, Chief Judge.

This is an appeal from a judgment dismissing a complaint for infringement of all three claims of United States Patent No. 2,710,461 for Resilient Shoe Soles issued to Nathan Hack on June 14, 1955. Claim 1 of the patent reads:

"A resilient shoe sole formed with a series of spaced parallel resilient projections extending transversely of said shoe sole and at right angles to the length thereof, said projections being inclined rearwardly...

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