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H. W. GOSSARD CO. v. J. C. PENNEY COMPANY

No. 13621.

304 F.2d 515 (1962)

The H. W. GOSSARD CO., Plaintiff-Appellant, v. J. C. PENNEY COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

June 22, 1962.

Attorney(s) appearing for the Case

Arthur C. Johnson, Edward C. Grelle, Chicago, Ill., Donald Malcolm, New York City, Brown, Jackson, Boettcher & Dienner, Chicago, Ill., of counsel, for appellant.

Samuel W. Kipnis, Chicago, Ill., Armand E. Lackenbach, New York City, for appellee.

Before DUFFY, MAJOR and SWYGERT, Circuit Judges.

DUFFY, Circuit Judge.

This is a suit alleging infringement of Doyle United States Patent No. 2,803,822 for a foundation garment, issued August 27, 1957. The District Court held the patent to be invalid but did not pass upon the question of infringement. The judgment recited the patent "is invalid because it does not disclose invention, and claims 1 to 4, inclusive, of said patent are invalid and void."

Plaintiff is the manufacturer of a line of women's undergarments...

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