GAUVIN v. SMITH

No. 92.

107 F.2d 904 (1939)

GAUVIN v. SMITH.

Circuit Court of Appeals, Second Circuit.

December 4, 1939.


Attorney(s) appearing for the Case

Emery, Varney, Whittemore & Dix and Nichol M. Sandoe, all of New York City (Lucius E. Varney and Nichol M. Sandoe, both of New York City, of counsel), for defendant-appellant.

Paul Kolisch, of New York City, for complainant-appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

This is the usual patent suit for an injunction and accounting. The patent under consideration is U. S. Patent No. 1,783,839, granted December 2, 1930, to the complainant Henri Gauvin for a roof simulating a thatched roof and yet avoiding the disadvantages attendant on that form of construction. The claims of the patent which are in issue are 1, 2, 3 and 4. The District Court held each of them valid and infringed by the defendant and...

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