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JOSEPH BANCROFT & SONS CO. v. SPUNIZE CO. OF AMERICA

No. 310, Docket 25519.

268 F.2d 522 (1959)

JOSEPH BANCROFT & SONS CO., Plaintiff-Appellee, v. SPUNIZE CO. OF AMERICA, Incorporated, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided July 1, 1959.

Attorney(s) appearing for the Case

Charles J. Nager, Fennelly, Eagan, Nager & Lage, New York City, for defendant-appellant. Melvin S. Katz, Levine & Katz, Hartford, Conn., Henry N. Paul, Jr., Austin R. Miller, Paul & Paul, Philadelphia, Pa., of counsel.

Victor D. Borst, Alan W. Borst, Borst, Leek & Des Marais, New York City, for plaintiff-appellee. Edmond M. Bartholow, Rockwell & Bartholow, New Haven, Conn., of counsel.

Before SWAN, HINCKS and MOORE, Circuit Judges.

SWAN, Circuit Judge.

This is an appeal by defendant, hereafter called Spunize, from an order entered in a declaratory judgment action wherein the plaintiff, hereafter called Bancroft, sought an adjudication that Patent No. 2,715,309 owned by Spunize is invalid. The patent contains only a single claim. This is for a product, namely, a yarn of synthetic resin material whose filaments are crimped in a particular manner.1 The complaint, filed...

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