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TOLFREE v. WETZLER

No. 3595.

25 F.2d 553 (1928)

TOLFREE v. WETZLER et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied May 21, 1928.

Attorney(s) appearing for the Case

Stephen H. Philbin, and Henry R. Ashton, both of New York City, and Frederick P. Fish, of Boston, Mass., for appellant.

Harry B. Rook and Russell M. Everett, both of Newark, N. J., for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This appeal from a decree dismissing the bill turns on the narrow question of whether patent No. 1,281,690, granted October 15, 1918, to Stern, for a method of stopping leaks in automobile radiators and other receptacles, involves invention. If it does, the defendant is an imitation infringer.

Turning first to the disclosure of the patent, the specification states it is a method of stopping leaks in metal vessels, which "involves...

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