ROWLEY v. TRESENBERG

No. 46.

123 F.2d 844 (1941)

ROWLEY v. TRESENBERG et al.

Circuit Court of Appeals, Second Circuit.

November 24, 1941.


Attorney(s) appearing for the Case

John P. Chandler, of New York City, for appellant.

Asher Blum, of New York City, Mock & Blum, of New York City, for appellees.

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


PER CURIAM.

The design patent-in-suit (No. 109,647, issued on May 10, 1938, to the plaintiff) is for "an egg beater or similar article"; and disclosed a design, in front and side elevations and in section, of such a utensil having an ordinary handle and a flaring or fanlike bowl. So far as the monopoly can rest upon anything, it must be upon the bowl, which was scooped like a spoon, rounded at the further edge, and pierced by eleven slits, each rounded at both ends...

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