UNITED SHOE MACHINERY CORP. v. ATLAS TACK CORP.

No. 322.

113 F.2d 605 (1940)

UNITED SHOE MACHINERY CORPORATION v. ATLAS TACK CORPORATION.

Circuit Court of Appeals, Second Circuit.

July 18, 1940.


Attorney(s) appearing for the Case

Herbert A. Baker, of Boston, Mass. (Breed, Abbott & Morgan, of New York City, of counsel), for appellant.

Blair, Curtis & Hayward, of New York City (Edward G. Curtis, of New York City, Victor Cobb and Walter P. Abell, both of Boston, Mass., and Charles C. Ladd, of New York City, of counsel), for appellee.

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


AUGUSTUS N. HAND, Circuit Judge.

Upon the conclusion, with which we are in accord, that the Warren U. S. Patent No. 942,989 anticipates claims 8 and 10 of U. S. Patent No. 1,748,952 to Gookin we can see no invention in Claims 6, 11, 15 and 17 of the latter patent. The great value in the discovery was the employment of an eyelet with a blunt end in setting invisible eyelets. When once a blunt ended eyelet was discovered, so formed as to prevent prongs from passing...

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