Art Metal Works, Inc. v. Abraham & Straus, Inc.

AUGUSTUS N. HAND, Circuit Judge.

This suit for infringement by the defendant of Claims Nos. 7, 13 and 14 of U. S. Patent No. 1,673,727 to one Aronson through the sale of a cigar lighter known as “Trig-a-lite” came before this court in 1934. Upon that appeal a decree of the District Court dismissing the suit for noninfringement was affirmed on the ground that “Trig-a-lite” was a spring actuated device that did not come within the element of the claims which called for a “rack and gear” or “gear means”. Art Metal Works v. Abraham & Straus, 2 Cir., 70 F.2d 639. We have since sustained a petition…