SHU-CONDITIONER, INC. v. BIXBY BOX TOE COMPANY

No. 5739.

294 F.2d 819 (1961)

SHU-CONDITIONER, INC., Plaintiff, Appellant, v. BIXBY BOX TOE COMPANY, Inc., Defendant, Appellee.

United States Court of Appeals First Circuit.

October 5, 1961.


Attorney(s) appearing for the Case

Herbert P. Kenway, Boston, Mass., with whom George W. Crowley and Kenway, Jenney & Hildreth, Boston, Mass., were on the brief, for appellant.

W. R. Hulbert, Boston, Mass., with whom William W. Rymer and Fish, Richardson & Neave, Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.


WOODBURY, Chief Judge.

It may well be invention, even invention of a high order, to devise a smaller, lighter, simpler and cheaper machine to do the work of a much larger, heavier, more complicated and expensive one of the prior art. On the other hand, to achieve small size, light weight, simplicity and lower cost by the simple expedient of omitting a function of an earlier machine because some change in technology has made the function no longer necessary would,...

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