47 F.2d 752 | 6th Cir. | 1931
Suit for infringement of claim 2
Appellee was a licensee of the California Cotton Mills Company, owner of what are called “The Mitchell Patents.” The Mitchell patent especially relevant is No. 1,497,189— 1923. Under this patent appellee manufactured and sold padding fabricated for automobile upholstering. The proof of the form which appellee’s product took is that it was made up as indicated in figures 10 and 11 of the Mitchell patent, No. 1,497,189. Neither the specifications nor claims of the Mitchell patent called for “tapered edges lapped on one side of the paper core.” Any slight tapering of the edges was not due to design, but was incidental to the manner in which the
Affirmed.
"A padding bandage consisting of a long, narrow strip formed of a central core of relatively stiff and strong paper in combination witb and inclosed by an outer surface made up of an unabsorbent fibrous bat having tapered edges folded about the core and with its tapered edges lapped on one side of the paper core.”