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BUCHANAN v. W. B. FOUNDATIONS, INC.

No. 80.

123 F.2d 843 (1941)

BUCHANAN v. W. B. FOUNDATIONS, Inc.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.

Attorney(s) appearing for the Case

Conrad A. Dieterich and John A. Bolles, both of New York City (Percy Freeman and Maxwell E. Sparrow, both of New York City, of counsel), for appellant.

Samuel E. Darby, Jr., and Darby & Darby, all of New York City (Walter A. Darby, of New York City, of counsel), for appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

PER CURIAM.

If the patent in suit were valid at all, it might be hard to avoid saying that the defendant infringed the claims in suit, for its corset has what must be called a "seat", if the claims are to have any reasonable scope whatever. It seems to us however that they are invalid. Confessedly the only element on which they can depend is that the "insert" is made to be elastic vertically. That did not mean that it should not also be elastic horizontally; it was...

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