271 F. 936 | 2d Cir. | 1921
(after stating the facts as above).
Whether adding squares or diamonds to that which the central ridge bisected amounted to invention, or whether a tire is so utilitarian as
Put in another way, the only purpose of this design patent is to secure in the United States the right of preventing others from making tires like those patented in England by a mechanical patent. This cannot be done, and the effort invalidates the patent. Royal, etc., Co. v. Art Metal Works, 130 Fed. 778, 66 C. C. A. 88.
The foregoing renders it unnecessary to express opinion as to infringement; i. e., similarity.
Decree affirmed, with costs.
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