K. Kaufmann & Co. v. Leitman

If the claims in suit were valid at' all, we might find some difficulty in constricting them as narrowly as the judge did and as is necessary for the defendant to escape infringement. We need not decide that question, however, because it seems to us that in no view can they be thought valid. There had been a spate of devices similar to that disclosed, beginning about 1928 and continuing until after Lee and Kauf-mann contrived their particular variant, which they say was in the summer of 1933 although they did not actually file until almost a year later. Their inventive idea was to pinch or…