MERIT MFG. CO. v. HERO MFG. CO.

Nos. 61, 62, Dockets 21766, 21767.

185 F.2d 350 (1950)

MERIT MFG. CO. v. HERO MFG. CO., Inc., et al. MERIT MFG. CO. v. SCHREINER et al.

United States Court of Appeals Second Circuit.

Decided November 22, 1950.


Attorney(s) appearing for the Case

Klein, Alexander & Cooper, Fred A. Klein, New York City, for plaintiff-appellant.

Howson & Howson, W. F. Sonnekalb, Jr., New York City, John H. McKenna, Boston, Mass., of counsel, for Hero Mfg. Co., et al.

Edward S. Higgins, New York City, for Jack Schreiner.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.


L. HAND, Chief Judge.

These are appeals from two judgments, dismissing complaints for the infringement of Patent No. 2,371,756 issued to Jacob Gomberg on March 20, 1945. The judge dismissed the complaints, without considering the question of infringement, because he held that the single claim was invalid; and, as we agree with that conclusion, we shall do the same. The validity of the claim depends upon whether the prior art either actually anticipated it, or so closely...

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