Mygatt v. M. Schaffer-Flaum Co.

LACOMBE, Circuit Judge.

The disposition of the design patent may be left to final hearing. As to the mechanical patent the defendant's affidavits are voluminous and the exhibits of prior art devices are very numerous. The conflicting testimony is largely scientific, and a safer conclusion on the whole case can best be reached at final hearing after cross-examination of the witnesses, and it would seem not difficult for defendant to introduce its testimony within a reasonably short time. The showing here made as to the prior art tends to the same conclusion as that expressed by Judge Hough in…