FIBRE CONDUIT CO. v. BANKAMERIC CORPORATION

No. 326.

27 F.2d 708 (1928)

FIBRE CONDUIT CO. v. BANKAMERIC CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

July 2, 1928.


Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Dean S. Edmonds and Leslie B. Young, both of New York City, of counsel), for appellants.

Harry E. Knight and Clifton V. Edwards, both of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


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

That there was an invention of genuine merit in the patented disclosure we quite agree, though it appears to us clumsier than what the defendant has devised. That is often the case with first steps. We should unhesitatingly regard it as patentable if it were not for the prior art, of which we need consider only Alexander, because his patent seems to us fatal to their validity if the claims be taken broadly...

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