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SURGITUBE PRODUCTS CORP. v. SCHOLL MFG. CO.

No. 91, Docket 25106.

262 F.2d 824 (1959)

SURGITUBE PRODUCTS CORP. and Louis Hochman, Plaintiffs-Appellants, v. SCHOLL MFG. CO., Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 30, 1959.

Attorney(s) appearing for the Case

Stanton T. Lawrence, Jr., New York (W. Brown Morton and Pennie, Edmonds, Morton, Barrows & Taylor, New York City, on the brief), for plaintiffs-appellants.

Stephen H. Philbin, New York City (Stephen G. Cox, Westfield, N. J., on the brief), for defendant-appellee.

Before MEDINA, LUMBARD and BURGER, Circuit Judges.

LUMBARD, Circuit Judge.

The outcome of the plaintiffs' appeal from the dismissal of their suit for patent infringement turns on whether there is invention in a bandage which is made by taking an open-ended tubular fabric, placing part of it over the member to be bandaged, twisting the fabric intermediate its ends and then retroverting it over the member to make a double thickness. We agree with Judge Dawson that this was not invention, 158 F.Supp...

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