COVER v. SCHWARTZ

Nos. 74, 75.

133 F.2d 541 (1942)

COVER v. SCHWARTZ.

Circuit Court of Appeals, Second Circuit.

Rehearing Denied January 8, 1943.


Attorney(s) appearing for the Case

Joshua R. H. Potts, Eugene Vincent Clarke, and Basil H. Brune, all of Chicago, Ill., and John M. Cole, of New York City, for appellant.

Nathan Schwartz, pro se, for appellee.

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


FRANK, Circuit Judge.

All three patents are concerned with a respiratory mask for miners, the purpose of which is to protect the wearer against dust and poisonous gases.

1. Patent No. 2,065,304. The lower court held this patent invalid for lack of invention, finding as a fact that a prior patent, No. 2,019,918, issued on November 5, 1935 to Punton, showed "substantially the same arrangement, and what differences there are, are merely the result of mechanical...

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