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CLEVELAND AUTOMATIC MACH. CO. v. NATIONAL ACME CO.

No. 5677.

52 F.2d 769 (1931)

CLEVELAND AUTOMATIC MACH. CO. v. NATIONAL ACME CO.

Circuit Court of Appeals, Sixth Circuit.

October 9, 1931.

Attorney(s) appearing for the Case

John Weld Peck, of Cincinnati, Ohio (Fay, Oberlin & Fay and A. M. Brown, all of Cleveland, Ohio, on the brief), for appellant.

C. A. Weed, of New York City (Thompson, Hine & Flory, of Cleveland, Ohio, and Dolle, O'Donnell & Cash, of Cincinnati, Ohio, and Kwis, Hudson & Kent, of Cleveland, Ohio, on the brief), for appellee.

Before MOORMAN and HICKS, Circuit Judges, and HOUGH, District Judge.

HICKS, Circuit Judge.

Suit upon alleged infringement of patent No. 1,092,462, for a Metal Working Machine, granted April 7, 1914, to Enoch Trobeck, and assigned to appellee. Claims 3, 4, 5, 12, and 13 are involved. The defenses were: (1) Lack of invention; (2) anticipation by prior patents, uses, and publications; (3) that the specifications of the patent are incomplete, uncertain, and ambiguous; and (4) noninfringement. The District Court held all the claims valid...

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