Weidhaas v. Loew's Inc.

C. E. CLARK, Circuit Judge.

Defendants appeal from a decision holding that they have infringed plaintiff’s Patent No. 1,756,043, granted April 29, 1930, for a “Stage Curtain or Drop.” The first defendant (who has assumed the entire defense) did not deny that there is infringement if the patent is valid, and the trial and decision were consequently directed solely to the issue of whether or not the claims in the patent represented sufficient advance over prior art as to be worthy of an exclusive right, thus promoting the “Progress of Science and Useful Arts” in the constitutional phrase. The…