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FRANC-STROHMENGER & COWAN v. ARTHUR SIEGMAN, INC.

No. 353.

27 F.2d 785 (1928)

FRANC-STROHMENGER & COWAN, Inc., v. ARTHUR SIEGMAN, Inc.

Circuit Court of Appeals, Second Circuit.

August 20, 1928.

Attorney(s) appearing for the Case

Kenyon & Kenyon, of New York City (Charles E. Hughes, Wm. Houston Kenyon and Douglas H. Kenyon, all of New York City, and Meier Steinbrink, of Brooklyn, N. Y., of counsel), for appellant.

Clifford E. Dunn, of New York City (Frederick P. Fish and Charles Neave, both of Boston, Mass., of counsel), for appellee.

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

SWAN, Circuit Judge.

Infringement is not disputed, if the patent is valid; but appellant challenges its validity. It is contended that the alleged improvement described in the patent is lacking in patentable invention over the prior art; that no inferences favorable to the validity of the patent are to be drawn from plaintiff's commercial success, because that success is to be credited to the noncreasing quality of the lining material used in the commercial product...

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