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ENSTEN v. SIMON ASCHER & CO.

No. 242.

38 F.2d 71 (1930)

ENSTEN et al. v. SIMON ASCHER & CO., Inc.

Circuit Court of Appeals, Second Circuit.

February 3, 1930.

Attorney(s) appearing for the Case

O. Ellery Edwards, of New York City, for appellants.

Hoguet & Neary, of New York City (Daniel L. Morris, of New York City, of counsel), for appellee.

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

PER CURIAM (after stating the facts as above).

The question is whether a patentee, to save the life of his patent, when one claim thereof has been held invalid by an interlocutory decree, must either appeal from such decree, or promptly file a disclaimer. With respect to this very patent, Judge Westenhaver held that he must. Ensten v. Rich-Sampliner Co. (D. C.) 13 F.2d 132. But this was reversed on another point, and the disclaimer...

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