Legal Opinion
Cover v. Schwartz
Court of Appeals for the Second Circuit
Decided December 17, 1942No. 74, 75PublishedCited by 117 opinions
1Opinion of the Court
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 lack of invention, finding as a fact that a prior patent, No. 2,019,918, issued on November 5, 1935 to Punton, showed “substantially the same arrangement, and what differences there are, are merely the result of mechanical skill.” We agree.
The constituent elements of the Punton mask were a face-piece, covering the nose and mouth, an exhaust valve, and two…
2Cases cited42 opinions
- Aetna Life Insurance v. HaworthSupreme Court of the United States · 1937
- Maryland Casualty Co. v. Pacific Coal & Oil Co.Supreme Court of the United States · 1941
- Mills v. GreenSupreme Court of the United States · 1895
- Muskrat v. United StatesSupreme Court of the United States · 1911
- Coleman v. MillerSupreme Court of the United States · 1939
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3Cited by117 opinions
- Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
- Cardinal Chemical Co. v. Morton International, Inc.Supreme Court of the United States · 1993
- Estado Libre Asociado v. AguayoSupreme Court of Puerto Rico · 1958
- Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
- Altvater v. FreemanSupreme Court of the United States · 1943
112 more not listed; retrieve them via the Exa API.