Vacheron & Constantin-Le Coultre Watches, Inc. v. Benrus Watch Company, Inc. , 260 F.2d 637 ( 1958 )

LUMBARD, Circuit Judge

(concurring).

While I agree with Judge Di-mock that this is a case in which summary judgment sustaining the design patent is permissible, I concur with Judge HAND’s opinion to send that part of the case back for further hearing as it is the only common denominator on which two of us can agree for disposition of the design patent cause of action.