Frances P. Syracuse and New Wonder Bag Corporation v. Harry Paris

Frances P. Syracuse holds Patent No. 2,533,850 on a “Utility Handbag Having Double Compartment with Individual Closures and Independently Accessible Bottle Pockets.” The bag is rubber lined and has two parallel compartments separated by a divider. These two compartments are for wet and dry diapers. At each end of the bag is a compartment for a baby’s milk bottle. Entrance to all sections of the bag is gained through zippers.

If the patent is valid, Harry Paris, the defendant below and appellee here, is apparently infringing it.

Frances P. Syracuse and her licensee, New Wonder Bag Corporation, brought suit below to enjoin the infringement and for an accounting of profits.

Paris moved for summary judgment, claiming that the patent is clearly anticipated by prior art patents not cited by the Commissioner of Patents and further that the article has no novelty that entitled it to have a patent. The motion was supported by a certified copy of the file wrapper on the Syracuse patent submitted with the affidavit of defendant’s attorney, along with copies of prior art patents on other handbags. Plaintiff Syracuse resisted the motion for summary judgment solely by filing a short…