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CANAAN PRODUCTS, INC. v. EDWARD DON & COMPANY

No. 16137.

388 F.2d 540 (1968)

CANAAN PRODUCTS, INC., Plaintiff-Appellee, v. EDWARD DON & COMPANY, John Sexton & Company, American Hospital Supply, Corp., North Central Airlines, Inc., Defendants-Appellants.

United States Court of Appeals Seventh Circuit

Rehearing Denied February 14, 1968.

Attorney(s) appearing for the Case

Jerold S. Solovy, Edwin M. Luedeka, Robert B. Jones, Anderson, Luedeka, Fitch, Even & Tabin, Raymond, Mayer, Jenner & Block, Donald R. Harris, Chicago, Ill., for defendants-appellants.

Of counsel:

Raymond, Mayer, Jenner & Block, Chicago, Ill., for Edward Don & Company.

Anderson, Luedeka, Fitch, Even & Tabin, Chicago, Ill., for John Sexton & Company.

Spray, Price, Hough & Cushman, Chicago, Ill., for American Hospital Supply Corp.

Harold L. Rutchick, St. Paul, Minn., for North Central Airlines, Inc.

Charles J. Merriam, William A. Marshall, Alvin D. Shulman, Chicago, Ill., for appellee, Merriam, Marshall, Shapiro & Klose, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, DUFFY, Senior Circuit Judge, and SWYGERT, Circuit Judge.

DUFFY, Senior Circuit Judge.

This is an appeal from a judgment which adjudicated that Williams United States Patent No. 3,057,467, was valid and infringed. This patent relates to a moist paper applicator enclosed in a heat-sealed pouch which, upon being opened, can be used to wash the hands and face, and then can be used as a drying towel. The 3" × 2" package of plaintiff's product Wash 'n Dri is small enough to be carried in a pocket.

The patent in suit...

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