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GOLDMAN v. POLAN

No. 4205.

93 F.2d 797 (1938)

GOLDMAN v. POLAN et al.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1938.

Attorney(s) appearing for the Case

Samuel W. Banning, of Chicago, Ill. (Ephraim Banning, of Chicago, Ill., and Thomas W. Y. Clark, of Baltimore, Md., on the brief), for appellant.

A. Harry Crowell, of Washington, D. C., and Simon E. Sobeloff, of Baltimore, Md. (George P. Kimmel, of Washington, D. C., on the brief), for appellees.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in a patent infringement suit involving Goldman patent, No. 2,039,987, for an umbrella. The defenses were lack of invention, anticipation, and prior use. The court below held the patent invalid on all three grounds, and the plaintiff has appealed. Plaintiff does not contend that there is any novelty in the construction or framework of his umbrella nor does he claim invention with respect to the fabric with which it is covered...

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