SCRIPTO MFG. CO. v. EAGLE PENCIL CO.


13 F.Supp. 71 (1934)

SCRIPTO MFG. CO. v. EAGLE PENCIL CO.

District Court, S. D. New York.

July 24, 1934.


Attorney(s) appearing for the Case

Ralph E. Slayton, of New York City, for plaintiff.

Dean, Fairbank, Hirsch & Foster, of New York City (Morris Hirsch, of New York City, of counsel), for defendant.


COXE, District Judge.

This is an infringement suit involving the Hauton patents, Nos. 1,853,560, and 1,853,561, relating to mechanical pencils, both granted April 12, 1932.

The devices of the two patents are not essentially different, except with respect to minor details, and each has a lead-propelling mechanism incased in a wooden shell, simulating in "appearance or feel" an ordinary wood pencil. The principal features...

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