Legal Opinion · Dissent

Smith & Co. v. United States

Court of Customs and Patent Appeals

Decided February 8, 1918No. 1828Published

Appeal from Board of United States General Appraisers, Abstract 40693. [Oral argument Oct. 11, 1917, by Mr. Levett and Mr. Lawrence.]

1Dissent

DISSENTING OPINION.

De Vries, Judge:

I am unable to concur in the majority opinion. The goods are well described therein. As I view the case, however, the abstract proposition presented by this appeal is not precisely as stated in the majority opinion, “whether the decoration must be by a superadded process after the article itself is complete for use,” but is a broader question, whether or not the ornamentation or decoration must be by a separate process from that which creates the article. This separate process may b.e devoted to the creation of a part of the article itself, as in the…

2Cases cited16 opinions

  1. United States v. Ducommun Hardware Co.Court of Customs and Patent Appeals · 1916
  2. Goat & Sheepskin Import Co. v. United StatesCourt of Customs and Patent Appeals · 1914
  3. Koscherak v. United StatesCourt of Appeals for the Second Circuit · 1899
  4. United States v. American Bead Co.Court of Customs and Patent Appeals · 1913
  5. United States v. Hatters' Fur ExchangeCourt of Customs and Patent Appeals · 1911

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