BROWN INSTRUMENT CO. v. WARNER

No. 9277.

161 F.2d 910 (1947)

BROWN INSTRUMENT CO. v. WARNER Register of Copyrights.

United States Court of Appeals District of Columbia.

Decided June 2, 1947.


Attorney(s) appearing for the Case

Mr. Samuel E. Darby, Jr., of New York City, with whom Messrs. Charles B. Spangenberg, of Chicago, Ill., and Edmund H. Parry, Jr., of Washington, D. C., were on the brief, for appellant.

Mr. H. Linwood Godfrey, Attorney, Department of Justice, of Washington, D. C., with whom Messrs. Edward M. Curran, United States Attorney at the time the brief was filed, and Daniel B. Maher, Assistant United States Attorney, both of Washington, D. C., were on the brief, for appellee. Messrs. James F. H. Mothershead, Attorney, Department of Justice, and Sidney S. Sachs, Assistant United States Attorney, both of Washington, D. C., also entered appearances for appellee.

Messrs. Albert I. Kegan, of Chicago, Ill., and Stanley H. Fischer, of Washington, D. C., on behalf of the Fawley-Brost Company, filed a brief as amicus curiæ, urging affimance.

Before GRONER, Chief Justice, and EDGERTON and CLARK, Associate Justices


EDGERTON, Associate Justice.

Appellant manufactures apparatus for mechanically recording such variables as temperature and pressure. The record is in the form of a line drawn by mechanical means on a calibrated graphic chart. The chart occupies a critical position in relation to, and co-acts with, the rest of the apparatus in the drawing of this line. Appellant undertook to copyright such charts. The Register of Copyrights rejected the application. Appellant then...

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