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RICHARDSON CO. v. RUBEROID CO.

No. 191.

30 F.2d 232 (1929)

RICHARDSON CO. et al. v. RUBEROID CO.

Circuit Court of Appeals, Second Circuit.

January 7, 1929.

Attorney(s) appearing for the Case

George Ramsey, of New York City (L. F. Dittenhoefer and Drury W. Cooper, both of New York City, of counsel), for appellant.

Fish, Richardson & Neave, of Boston, Mass. (Harrison F. Lyman, of Boston, Mass., of counsel), for appellees.

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

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

Comstock's disclosure is clearly the nearest to the patent in suit, but it is to be observed that it speaks of metal strips, and that it was concerned with single or twin shingles. Only in the passage quoted above is there any evidence of a purpose to use the shingles in continuous strips. Probably the intention was by those words to disclose such a strip, but it is clear that the patentee had not clearly...

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