KAUFMANN & CO. v. LEITMAN

No. 28.

131 F.2d 308 (1942)

K. KAUFMANN & CO., Inc., v. LEITMAN.

Circuit Court of Appeals, Second Circuit.

November 5, 1942.


Attorney(s) appearing for the Case

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

Harry Cohen, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.


PER CURIAM.

If the claims in suit were valid at all, we might find some difficulty in constricting them as narrowly as the judge did and as is necessary for the defendant to escape infringement. We need not decide that question, however, because it seems to us that in no view can they be thought valid. There had been a spate of devices similar to that disclosed, beginning about 1928 and continuing until after Lee and Kaufmann contrived their particular variant, which...

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