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FRIGIDAIRE CORPORATION v. GENERAL NECESSITIES CORPORATION

No. 5513.

46 F.2d 58 (1931)

FRIGIDAIRE CORPORATION v. GENERAL NECESSITIES CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

January 13, 1931.

Attorney(s) appearing for the Case

Drury W. Cooper, of New York City (Thomas J. Byrne, of New York City, and Harry W. Lindsey, Jr., of Chicago, Ill., on the brief), for appellant.

George R. Frye, of Detroit, Mich. (Swan & Frye, of Detroit, Mich., on the brief), for appellee.

Before DENISON, MOORMAN, and HICKS, Circuit Judges.

MOORMAN, Circuit Judge.

Suit for infringement of the Wolf patent, 1,337,175, for a "process of and apparatus for refrigerating." Claims 10, 15, 16, and 18 relating to the apparatus were relied upon. The defenses were invalidity and non-infringement, collateral to which there was presented the question of the validity of a disclaimer as to claims 10 and 15. The trial court doubted the validity of the disclaimer, but, conceiving that it should be allowed under Permutit...

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