Gibbs v. Triumph Trap Co.

L. HAND, Circuit Judge (after stating the facts as above).

We do not think that there is any prior art relevant enough to the first patent to require discussion except Willing, 616,172. Verbally claim ten is distinguished from it, because both its secondary jaws were movable; functionally it was different because the secondary jaw did not sweep the animal out of balance and clutch its body between itself and a horizontal fixed jaw. Though Willing’s two traps made separate grips, the second would ordinarily clutch the leg which was caught by the first. Even when the.higher grip extended to a…