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DAVID BELAIS, INC. v. GOLDSMITH BROS. SMELTING & REFINING CO.

No. 247.

10 F.2d 673 (1926)

DAVID BELAIS, Inc., v. GOLDSMITH BROS. SMELTING & REFINING CO.

Circuit Court of Appeals, Second Circuit.

March 1, 1926.

Attorney(s) appearing for the Case

Kenyon & Kenyon, of New York City (Alan D. Kenyon and Douglas H. Kenyon, both of New York City, of counsel), for appellant.

Gifford & Scull, of New York City (George F. Scull and Newton A. Burgess, both of New York City, of counsel), for appellee.

Before ROGERS, HOUGH, and MANTON, Circuit Judges.

HOUGH, Circuit Judge (after stating the facts as above).

Through his counsel, plaintiff thus summarizes his invention: "The claim is for a ternary alloy, composed of three metals only in substantial quantities." The patented alloy has a name; it is called "white gold." But the name as is substantially admitted, even in the disclosure, is old; and the evidence is clear that for many years white gold has been a well-known alloy used by jewelers. Most of it was "14 karat...

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