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LEMELSON v. DeLUXE READING CORPORATION

No. 63 Civ. 3663.

321 F.Supp. 1281 (1971)

Jerome H. LEMELSON, Plaintiff, v. DeLUXE READING CORPORATION and the Great Atlantic and Pacific Tea Co., Inc., Defendants.

United States District Court, S. D. New York.

January 14, 1971.

Attorney(s) appearing for the Case

Joseph D. Lazar and Arthur T. Fattibene, New York City, for plaintiff.

David H. T. Kane, New York City (Gerald Levy, Siegrun D. Kane and Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, on the brief), for defendants.

CANNELLA, District Judge.

Action for infringement of a patent on a toy gun, brought under the Patent Act of 1952, 35 U.S.C. § 1 et seq., is dismissed.

The court finds that on December 6, 1960 the plaintiff was issued a patent on a toy gun containing a ricochet noise mechanism, United States Letters Patent No. 2,962,837. This mechanism simulates the sound of a ricocheting bullet through use of a reed-like noisemaker which is activated by the sudden...

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