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SUPERIOR SKYLIGHT CO. v. ZERBE CONST. CO.

No. 173.

10 F.2d 710 (1926)

SUPERIOR SKYLIGHT CO., Inc., v. ZERBE CONST. CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.

Attorney(s) appearing for the Case

William E. Warland, of New York City, for appellant.

Cox, Kent & Campbell, of New York City (Clarence G. Campbell, of New York City, of counsel), for appellees.

Before HOUGH, MANTON, and HAND, Circuit Judges.

PER CURIAM.

We agree that the decree was right, but not for the reasons given. To us it seems that the patent was infringed, but invalid, if interpreted to cover the defendant's skylight. We rely for anticipation upon Freeman's article in volume 27 of the Transactions of the American Society of Mechanical Engineers. The only differences between the defendant's skylight and Freeman's windows are that his were set in the walls of the rigging loft and were held by fusible...

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