GIBBS v. TRIUMPH TRAP CO.

No. 231.

26 F.2d 312 (1928)

GIBBS v. TRIUMPH TRAP CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 21, 1928.


Attorney(s) appearing for the Case

Charles H. Wilson and Louis Marshall, both of New York City, for appellant.

Howson & Howson, of New York City (Charles H. Howson, of New York City, and Kennard N. Ware, of Philadelphia, Pa., 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 do not think that there is any prior art relevant enough to the first patent to require discussion except Willing, 616,172. Verbally claim ten is distinguished from it, because both its secondary jaws were movable; functionally it was different because the secondary jaw did not sweep the animal out of balance and clutch its body between itself and a horizontal fixed jaw. Though Willing's two traps made...

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