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MARKS v. LATHROP

No. 5063.

33 F.2d 466 (1929)

MARKS et al. v. LATHROP et al.

Circuit Court of Appeals, Sixth Circuit.

July 1, 1929.

Attorney(s) appearing for the Case

W. B. Morton, of New York City (Murray & Zugelter, of Cincinnati, Ohio, and M. D. Jackson, of New York City, on the brief), for appellants.

Marston Allen, of Cincinnati, Ohio (Allen & Allen, of Cincinnati, Ohio, on the brief), for appellees.

Before DENISON, MACK, and HICKS, Circuit Judges.

MACK, Circuit Judge.

While Marks' patent reissue No. 16,243 of January 5, 1926, was deemed by the trial judge to be invalid as to the reissuance, the decree dismissed the bill because claims 3 and 4 in suit were found not to have been infringed. On the appeal, we find it unnecessary to consider the interesting question bearing on the validity of the reissue, because in our judgment the decree must be affirmed on the ground of noninfringement.

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