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GENERAL RIM CO. v. FIRESTONE TIRE & RUBBER CO.

No. 80.

36 F.2d 774 (1929)

GENERAL RIM CO. v. FIRESTONE TIRE & RUBBER CO.

Circuit Court of Appeals, Second Circuit.

December 2, 1929.

Attorney(s) appearing for the Case

Ashley & Foulds (Andrew Foulds, Jr., of New York City, of counsel), for appellant.

Charles Neave, of New York City, Albert L. Ely, of Akron, Ohio, and Henry R. Ashton, of New York City, for appellee.

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

PER CURIAM.

There seems to us nothing left for invention in the claims in suit after Funk's patent 1,319,860, issued October 28, 1919, and pending in the office when Moyer applied for his patent. While it is true that Funk did not disclose the unseating of the beads of the shoe by the projection of the lugs through the holes in the rim, this was the inevitable result. Moreover, the figures show the beads on the shoe as being displaced.

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