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WAYNE-GOSSARD CORP. v. MORETZ HOSIERY MILLS, INC.

No. 75-1240.

539 F.2d 986 (1976)

WAYNE-GOSSARD CORPORATION, Appellee, v. MORETZ HOSIERY MILLS, INC., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 15, 1976.

Attorney(s) appearing for the Case

David Rabin, Greensboro, N. C. (Walter L. Beavers, Greensboro, N. C., and Richard A. Williams, Newton, N. C., on brief), for appellant.

Charles B. Park, III, Charlotte, N. C. (Joell T. Turner, Parrot, Bell, Seltzer, Park & Gibson; Joseph W. Grier, Jr., Grier, Parker, Poe, Thompson, Bernstein, Gage & Preston, Charlotte, N. C., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and WIDENER, Circuit Judges.

ALBERT V. BRYAN, Senior Circuit Judge:

In this patent suit brought by Wayne-Gossard Corporation against Moretz Hosiery Mills,1 the issues were these: the validity of two Claims — 4 and 5 — of reissue patent No. RE 26,667, dated September 23, 1969, now held by Wayne-Gossard and embracing a foot cover and the method of its manufacture, 35 U.S.C. § 251;2

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