Cover v. Schwartz

I can see no reason for the dismissal of the appeal as to Patent No. 2,000,064. True, the matter may not be of vital importance to the parties if, as' the opinion indicates and I believe, the judgment below was correct. The parties then have the unsatisfying result that decision upon the issue they have thoroughly briefed and argued, the only issue adjudicated below, has been avoided by the court for a procedural nicety, which, had the plaintiff been gifted with unusual vision, he would have avoided by the change of a word or two in his brief. But the defendant still has the judgment to which…