Cimiotti Unhairing Co. v. Nearseal Unhairing Co.

LACOMBE, Circuit Judge.

It is not perceived that the record here presented is materially different from that which was before the circuit court of appeals (115 Fed. 507) on appeal from the order for preliminary injunction. No additional prior patent or publication is introduced. No additional prior machine is shown. The experts’ testimony in response to question and cross-question is fuller than it was when presented on affidavits merely, and the prior decision is, of course, discussed by them and criticised for supposed errors of assumption or reasoning; but the entire argument of defendant…