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198 F. 403

Docket No. 190.

Wood v. Kahn

Second Circuit Court of Appeals

Decided May 31, 1912.)

Second Circuit Court of Appeals · decided 1912-05-31

<p>PATENTS (§ 328*) — iNVEVrrON-PROCESS OF DIVIDING DIAMONDS.</p> <p>The Wood patent. No. 839,356. for a process of dividing diamonds, is void for lack of patentable invention.</p>

Cited by 1 later decisions — most recently November 1917

1 federal appellate ·

2 counsel of record

Relies on Wood v. Kahn

Good law ✅— No negative treatment on recordhow we know

Affirmed · Opinion by (per_curiam) · Decided 1912-05-31

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¶1PATENTS (§ 328*) — iNVEVrrON-PROCESS OF DIVIDING DIAMONDS.

¶2The Wood patent. No. 839,356. for a process of dividing diamonds, is void for lack of patentable invention.

¶3Appeal from the Circuit Court of the United States for the Southern District of New York.

¶4*404Suit in equity by St. John Wood against Louis Kahn, Moses Kahn, and Sam Levy, doing business as L. & M. Kahn Company, and Philip Ferro and David Barsilay. Decree for defendants, and complainant appeals.

¶5Affirmed.

¶6For opinion below, see 189 Fed. 399.

¶7Appeal from a decree dismissing the bill of complaint which was based upon letters patent No. 839,356, granted to complainant for a process of dividing diamonds.

¶8Edwin J. Prindle (Arthur Wright, on the brief), for appellant.

¶9Johnson & Galston (Clarence G. Galston, of counsel), for appellees.

¶10Before COXE, WARD, and NOYES, Circuit Judges.

¶12PER CURIAM.

¶13We agree fully with the opinion of Judge Hough that the method of sawing a diamond described and claimed does not involve invention. The fact that the object to be divided is of great value does not change what would otherwise be mechanical skill into invention. It might, as pointed out, require unusual courage for the operator .to risk such a process on so valuable an article, but courage is not patentable.

¶14We deem it unnecessary to add anything to the opinion of the Circuit Court.

¶15The decree is affirmed.

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