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GUTHRIE v. CURLETT

No. 190.

10 F.2d 725 (1926)

GUTHRIE v. CURLETT et al.

Circuit Court of Appeals, Second Circuit.

February 1, 1926.

Attorney(s) appearing for the Case

David P. Wolhaupter, of Washington, D. C., and Robert B. Killgore, of New York City, for appellant.

Robert J. Fisher, of Washington, D. C., and R. W. Barrett, of New York City, for appellees.

Before ROGERS, HOUGH, and MACK, Circuit Judges.

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

While not disagreeing with the court below in its estimate of Burford's earlier achievement, we shall affirm the result because of lack of patentable subject matter.

A patentee, to merit a patent, must disclose a new and useful art, machine, manufacture, or composition of matter. Plainly there is before us neither a machine nor a composition of matter; the latter, if for no other reason than that no...

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