Magic Fingers, Inc. v. Auger

First Circuit Court of Appeals

Dec. 30, 1964.

First Circuit Court of Appeals · decided 1964-12-30

Cited by 1 later decisions — most recently May 1967

2 counsel of record

Relies on Magic Fingers, Inc. v. Auger · Cox v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1964-12-30

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S. C. Yuter, New York City, with whom Glass & Greenapple, New York City, was on brief, for appellant.

Robert H. Rines, Boston, Mass., with whom Rines & Rines, Boston, Mass., was on brief, for appellees.

Before WOODBURY, Chief Judge, ALDRICH, Circuit Judge, and CAFFREY, District Judge.

PER CURIAM.

¶1

The very most that can be said for the appellant's patent is that it discloses a mere mechanic's adaptation of a device in public use and on sale more than a year before the patent was applied for to make that earlier device more readily attachable to the basic structure with which it was designed to cooperate to produce a vibrating chair or bed. We see no need to elaborate upon the District Court's fully and carefully reasoned opinion. D.C., 232 F.Supp. 372.

¶2

Judgment will be entered affirming the judgment of the District Court dismissing count one of the plaintiff's complaint.