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DAVID & DAVID, INC. v. MYERSON

No. 156, Docket 30960.

388 F.2d 292 (1968)

DAVID & DAVID, INC., Plaintiff-Appellant, v. Ralph MYERSON, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 9, 1968.

Attorney(s) appearing for the Case

David B. Kirschstein, New York City (Kirschstein, Kirschstein & Ottinger, New York City, Bailin L. Kuch and Harry Cohen, New York City, on the brief), for plaintiff-appellant.

Ralph Myerson, pro se.

Before LUMBARD, Chief Judge, MEDINA and HAYS, Circuit Judges.

MEDINA, Circuit Judge.

David & David, Inc. appeals from a decision of the United States District Court for the Eastern District of New York, Dooling, J., which held appellant's patent on an "apparatus for curling plastic yarn" invalid under 35 U.S.C. Section 1031 because the subject matter was obvious in view of the prior art. Appellant had initially sued Ralph Myerson for infringement of its patent. Defendant, while denying infringement...

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