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INTERSTATE RUBBER PROD. CORP. v. RADIATOR SPECIALTY CO.

No. 6783.

214 F.2d 546 (1954)

INTERSTATE RUBBER PRODUCTS CORP. et al. v. RADIATOR SPECIALTY CO., Inc. et al.

United States Court of Appeals, Fourth Circuit.

Decided July 26, 1954.

Attorney(s) appearing for the Case

Walter P. Huntley, Los Angeles, Cal. (Edward B. Beale and George R. Jones, Washington, D. C., on the brief), for appellants.

A. Yates Dowell and A. Yates Dowell, Jr., Washington, D. C. (Maurice A. Weinstein, Charlotte, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This case of patent infringement relates to United States Patent No. 2,333,273 issued to Charles D. Scanlon on November 2, 1943 upon an application filed February 17, 1941. The patent pertains to a safety marker which comprises a hollow conical body, particularly the kind of marker used on highways to indicate wet paint, repairs, &c. Claim 1 of the patent describes the product in these words:

"A marker of the character described...

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