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Q-TIPS, INC. v. GLICKSTON

May 15, 1939

Q-TIPS, Inc.,
v.
GLICKSTON et al.



The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

This is an action for the infringement of claims 1, 2, 3, 4, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 21, 31, 32, 33, 35, 38 and 40 of the patent to L. Gerstenzang, No. 1,721,815, granted July 23, 1929, and claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 13, 16, 21, 22 and 23 of the patent to E. C. Bunnell and L. W. Barnes, No. 1,921,604, granted August 8, 1933, and for the infringement of plaintiff's trade-mark Registration No. 309,256 of September 4, 1933, and unfair competition by the defendant.

Claims 1, 2, 3, 4, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 21, 31, 32, 33, 35, 38 and 40 of the Gerstenzang Patent No. 1,721,815, read as follows:

 "Claim 1. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them."

 "Claim 2. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of constantly rotating friction rollers arranged along spaced axes and adapted to sandwich the stick between them with its axis parallel to their own axes."

 "Claim 3. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them, a stick carrier, and means for operating the latter to bring the stick into said sandwiched position."

 "Claim 4. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them, and a stick carrier constructed and arranged to support the stick in a rotatable manner."

 "Claim 7. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them, and a stick carrier constructed and arranged to support the stick in a rotatable manner at points alongside of the sandwiched intermediate portion."

 "Claim 8. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them, and a stick carrier comprising a disc having a slot extending inwardly from its periphery and adapted to accommodate the stick therein."

 "Claim 9. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them, and a stick carrier comprising a pair of spaced discs having marginally disposed radial slots which are adapted to accommodate the stick therein."

 "Claim 11. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a pair of friction rollers adapted to sandwich the stick between them, and a stick carrier comprising a pair of discs arranged on opposite sides of one of said rollers, said discs having an aligned set of slots for supporting the stick therein with its medial portion extending transversed across said roller."

 "Claim 12. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a stick carrier which comprises a pair of discs having an aligned set of slots."

 "Claim 13. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, said means including a stick carrier which comprises a pair of discs arranged and constructed to carry the stick in a rotatable manner between them."

 "Claim 14. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, and means for thereupon discharging said stick from the machine."

 "Claim 15. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, and means for thereupon discharging said stick from the machine, said last named means including a stick carrier movable into and out of twirling position, and means for moving the carrier out of said position at a predetermined time."

 "Claim 16. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, and means for thereupon discharging said stick from the machine, said last named means including a stick carrier which comprises a rotatable disc, said disc having a marginal slot for supporting the stick in predetermined angular positions of the disc and dropping the stick at other positions thereof."

 "Claim 17. In a machine for making swabs of the character described, means for grasping and twirling a stick intermediate its ends so that wads of cotton applied to said ends will form swabs thereover, and means positioned adjacent said ends for automatically applying medication to said swabs as they are twirled."

 "Claim 21. In a machine for making swabs of the character described, means for grasping and twirling a stick, and means positioned adjacent an end of the stick for automatically applying medication thereto at a predetermined time during the twirling."

 "Claim 31. In a machine for making swabs of the character described, a supply of sticks, and means for successively grasping said sticks and twirling them so that a wad of cotton applied ...


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