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ROTA-CARB CORPORATION v. FRYE MANUFACTURING COMPANY

No. 16877.

313 F.2d 443 (1963)

ROTA-CARB CORPORATION, a New York Corporation, and Bernard Harmon, Appellants, v. FRYE MANUFACTURING COMPANY, an Iowa Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 19, 1963.

Attorney(s) appearing for the Case

Samuel J. Stoll, Jamaica, N. Y., made argument for appellants and Charles F. Swisher, Waterloo, Iowa was with him on the brief.

Irvin V. Gleim, Dayton, Ohio made argument for appellee and John C. Eddy, of Whitfield, Musgrave, Selvy, Fillmore, & Kelly, Des Moines, Iowa was with him on the brief.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of the plaintiffs (appellants) in an action for patent infringement. The patent in suit, United States Patent No. 2,781,278, for a "Method of Printing Carbon Transfer Ink in a Spaced Design on Paper," was issued February 12, 1957, to Bernard Harmon upon an application filed August 13, 1952, and was thereafter assigned by him to Rota-Carb Corporation. The District Court determined that...

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