LINK-BELT CO. v. QUAKER OATS CO.

No. 8718.

43 F.2d 473 (1930)

LINK-BELT CO. et al. v. QUAKER OATS CO.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied November 1, 1930.


Attorney(s) appearing for the Case

Donald M. Carter, of Chicago, Ill. (Francis W. Parker, Jr., Norman S. Parker, and Leslie M. Parker, all of Chicago, Ill., on the brief), for appellants.

L. A. Watson, of New York City (Watson, Bristol, Johnson & Leavenworth, of New York City, and O. N. Elliott, of Cedar Rapids, Iowa, on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and OTIS, District Judge.


STONE, Circuit Judge.

This is an action by a patentee and his licensee for infringement of patent No. 1,268,580, issued to Elwin H. Kidder on June 4, 1918. Claims 1, 2, 3, 4, 16, and 17 are involved. The defenses were lack of sufficient disclosure, aggregation of old elements lacking patentable novelty, anticipation, and noninfringement. The court found that claims 2, 3, 4, 16, and 17 were invalid as mere aggregations not...

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