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APPLIANCE INV. CO. v. WESTERN ELECTRIC CO.

No. 12.

61 F.2d 752 (1932)

APPLIANCE INV. CO. v. WESTERN ELECTRIC CO., Inc.

Circuit Court of Appeals, Second Circuit.

November 7, 1932.

Attorney(s) appearing for the Case

Henry J. Lucke, of New York City (G. Dexter Blount and Harry S. Silverstein, both of Denver, Colo., and Frank Toohey, of counsel), for plaintiff-appellant.

Charles Neave, of New York City (Merrell E. Clark, F. T. Woodward, and H. A. Pattison, all of New York City, of counsel), for defendant-appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff is the owner by assignment of United States patent No. 1,318,670, issued October 14, 1919, to Horace Hull, for selective signaling apparatus. It alleged in the bill of complaint that this patent had been infringed by the defendant's selective signaling apparatus, and the proof centered upon the defendant's train dispatching system as the offender.

Hull made three applications for a patent. The first, dated January 11, 1912...

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