Opinion
No. 10525.
Argued October 6, 1966.
Decided October 28, 1966.
George T. Mobille, Washington, D.C., and Ralph Bailey, Jr., Greenville, S.C. (Edward M. Prince and Cushman, Darby Cushman, Washington, D.C., on brief), for appellants.
Jesse Rothstein, New York City (Morton Amster, Amster Rothstein, New York City, and Price Poag, Greenville, S.C., on brief), for appellee.
Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.
In a carefully considered opinion, the district judge clearly demonstrated the invalidity of the patent. See Mabs, Inc. v. Piedmont Shirt Company, 248 F. Supp. 71 (W.D.S.C. 1965). Commendably, he then went further and, assuming its validity, adjudged it not infringed. We agree on both aspects of the case, and affirm for the reasons stated by the district judge.
Affirmed.