Cover v. Schwartz

133 F.2d 541 (1942)

COVER

v.

SCHWARTZ.

Nos. 74, 75.

Circuit Court of Appeals, Second Circuit.

December 17, 1942.

Rehearing Denied January 8, 1943.

Joshua R. H. Potts, Eugene Vincent Clarke, and Basil H. Brune, all of Chicago, Ill., and John M. Cole, of New York City, for appellant.

Nathan Schwartz, pro se, for appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

All three patents are concerned with a respiratory mask for miners, the purpose of which is to protect the wearer against dust and poisonous gases.

1. Patent No. 2,065,304. The lower court held this patent invalid for…