General Motors Corp. v. Preferred Electric & Wire Corp.

We decided this appeal originally in 1935 (2 Cir., 79 F.2d 621) and have now reheard it upon oral reargument because of the disqualification of one member of the original court, not known at the time. Now, however, the plaintiff seeks to support the original decree only as to claim three of Kroe-ger’s first patent, No. 1,557,207, for a new kind of “rubbing-block”. The _ application for that patent was filed in November, 1923, for a block made of Bakelite, reinforced with an embedded fabric, the threads of which ended on the wearing surface of the block. Such a block had been used before in…