RICHMOND SCREW ANCHOR CO. v. SUPERIOR CONCRETE ACCESSORIES

No. 316, Docket 24868.

256 F.2d 232 (1958)

RICHMOND SCREW ANCHOR CO., Inc., Plaintiff-Appellee, v. SUPERIOR CONCRETE ACCESSORIES, Inc., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided June 3, 1958.


Attorney(s) appearing for the Case

Jordan B. Bierman and Harry C. Bierman, New York City, for plaintiff-appellee.

Herman Seid and Robert W. Fiddler, New York City (Norman H. Gerlach, Chicago, Ill., of counsel), for defendant-appellant.

Before WATERMAN and MOORE, Circuit Judges, and GALSTON, District Judge.


GALSTON, District Judge.

This patent suit presents no unusual difficulty. The alleged invention is for a mechanical combination of parts which were well known in the field. Utility is acknowledged, and the critical question is whether invention is disclosed.

Judge Dimock carefully reviewed the prior art. It must be understood that the prior art, even if embodied in the file wrapper and presumably considered by the examiner in the Patent Office, involved only...

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