AMERICAN TECHNICAL MACHINE CORP. v. CAPAROTTA

No. 47, Docket 28918.

339 F.2d 557 (1964)

AMERICAN TECHNICAL MACHINE CORP., Plaintiff-Appellant-Appellee, v. Sylvester CAPAROTTA, d/b/a Kings Brush Co. and as Kings Brush & Mop Co., Defendant-Appellee-Appellant.

United States Court of Appeals Second Circuit.

Decided December 30, 1964.


Attorney(s) appearing for the Case

John M. Calimafde, New York City, for plaintiff-appellant-appellee. Paul H. Blaustein, and Hopgood & Calimafde, New York City, of counsel.

Samuel Brodsky, Brooklyn, N. Y., for defendant-appellee-appellant.

Before SWAN, WATERMAN and MOORE, Circuit Judges.


SWAN, Circuit Judge:

This is an appeal in a patent infringement suit. The patent is No. 2,742,327 which was applied for by Theodore Marks on April 20, 1951 and was issued to him April 17, 1956. We shall refer to it as the Marks patent, although by mesne assignments it is now owned by American Technical Machinery Corporation. The claims relied upon are 2, 16 and 17. They are printed in the margin.1 Judge Mishler2

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