PEREY v. PEREY MFG. CO.

No. 81.

22 F.2d 928 (1927)

PEREY v. PEREY MFG. CO.

Circuit Court of Appeals, Second Circuit.

December 5, 1927.


Attorney(s) appearing for the Case

Cavanagh & James, of New York City, for appellant.

Hauff & Warland, of New York City (William E. Warland, of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


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

We cannot accept Noe's patent as valid prior art. The plaintiff's strictures upon it may be well founded, and, if the case turned upon it, we should require the assistance of persons more adept in mechanics than ourselves. In short, the issue would have to be tried. As to the other three patents, about which no such question is raised, and which are understandable as they stand, we accept the request made...

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