KAUFMANN v. TAMES


56 F.2d 193 (1932)

KAUFMANN v. TAMES.

District Court, S. D. New York.

February 25, 1932.


Attorney(s) appearing for the Case

Roberts, Cushman & Woodberry, of Boston, Mass., and Cooper, Kerr & Dunham, of New York City (by Arthur D. Thomson, of Boston, Mass., and Thomas J. Byrne, of New York City, of counsel), for plaintiff.

Mock & Blum, of New York City (Asher Blum, of New York City, of counsel), for defendant.


WOOLSEY, District Judge.

My judgment is that claims Nos. 1, 2, 4, 5, 6, 7, 8, and 9 of United States patent No. 1,700,535, involved in this cause, are invalid for want of invention, and also by reason of the plaintiff's constructive abandonment of the device which he sought to patent by its commercial sale in substantially the same form more than two years prior to his application for a patent.

Accordingly a decree may be entered dismissing the bill of complaint...

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