KRAUS v. NEWMAN

No. 133, Docket 21526.

178 F.2d 655 (1949)

KRAUS et al. v. NEWMAN et al.

United States Court of Appeals Second Circuit.

Decided December 16, 1949.


Attorney(s) appearing for the Case

Harry Price, New York City, for appellants.

E. H. Shappiro, New York City, W. Lee Helms, New York City, for appellees.

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


PER CURIAM.

There is nothing in the design patent that indicates an artistic development of any kind, or any ingenuity. The mechanical patent is no better. Plenty of prior art has been submitted which, if not anticipatory, is sufficient to deprive the plaintiffs of any right to claim that they have produced anything beyond the capacity of the most routine mechanic who chose to feed his marbles from the bottom rather than the top of the chick.

As for the claim...

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