F. A. Smith Mfg. Co. v. Samson-United Corp.

I dissent for the following reasons: This case presents several significant features unlike those before this court in the earlier cases holding this patent valid in infringement suits against other parties, i. e., Samson-United Corp. v. Sears-Roebuck & Co., 2 Cir., 1939, 103 F.2d 312, and Samson-United Corp. v. Emanuel, 2 Cir., 1940, 109 F.2d 922. The outstanding differences are these:(a) Two prior art patents are before us here which were not before us in either of those cases, i. e., Carlson, No. 1,370,284 and Read, No. 4,391. Two others, Gilbert, No. 3,022,417 and French Patent, No.…