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H. C. WHITE CO. v. MORTON E. CONVERSE & SON CO.

No. 327.

20 F.2d 311 (1927)

H. C. WHITE CO. v. MORTON E. CONVERSE & SON CO. et al.

Circuit Court of Appeals, Second Circuit.

June 6, 1927.

Attorney(s) appearing for the Case

James J. Kennedy and W. Jay Ennisson, both of New York City, for appellant.

Thomas G. Haight and William F. Hall, both of Washington, D. C., and Otto Munk, of New York City, for appellees.

Before L. HAND and SWAN, Circuit Judges, and CAMPBELL, District Judge.

L. HAND, Circuit Judge (after stat-stating the facts as above).

The design patent appears to us to be not a design patent at all. We recognize that in æsthetics there are no standards, and that the design need not please such sensibilities as we may personally chance to possess. Nevertheless, we must find that the disclosure has at least a rudimentary æsthetic appeal, for so we interpret the word, "ornamental." This we have more than once said. Rowe v. Blodgett...

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