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DAVISON v. ALEXANDER SMITH & SONS CARPET CO.

22 F.Supp. 461 (1938)

DAVISON v. ALEXANDER SMITH & SONS CARPET CO. et al.

District Court, S. D. New York.

February 2, 1938.

Attorney(s) appearing for the Case

Guy G. Gabrielson, of New York City (Arthur E. Paige, of Philadelphia, Pa., of counsel), for plaintiff.

Thomas Ewing, of New York City (Frank C. Cole, of New York City, Frederick A. Tennant, of Boston, Mass., and V. A. Dorsey, of Washington, D. C., of counsel), for defendants.

WOOLSEY, District Judge.

My judgment in this cause is that the complaint must be dismissed with costs to the defendant company, on the ground that the claims on which it is founded are invalid for want of invention, and for lack of novelty by reason of prior use.

The complaint was dismissed without costs as against the defendant Klein at the end of the plaintiff's prima facie case, for lack of proof, and without opposition by the plaintiff.

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