Frances P. Norman and Frances P. Norman D/B/A the Norman Company, a Partnership Consisting of Frances P. Norman and Norman Norman v. Leonard Lawrence

SWAN, Circuit Judge

(dissenting).

Though reluctant to disagree with my brothers on a question of patent law, I' am unable to persuade myself that plaintiffs’ simple combination of old elements-involved “invention.” See Schaefer, Inc. v. Mohawk Cabinet Co., Inc., 2 Cir., 276 F.2d 204, 207 which held that where a. particular aggregation of recognized elements “merely embellishes one of the ingredient elements, it is not [patentable].”