DOUGHNUT MACH. CORPORATION v. JOE-LOWE CORPORATION

No. 3487.

67 F.2d 135 (1933)

DOUGHNUT MACH. CORPORATION v. JOE-LOWE CORPORATION et al.

Circuit Court of Appeals, Fourth Circuit.

October 3, 1933.


Attorney(s) appearing for the Case

Frank B. Fox, of Philadelphia, Pa., and Josiah W. Bailey, of Raleigh, N. C. (Henry N. Paul, of Philadelphia, Pa., O. B. Duckett, Jr., of Baltimore, Md., Fraley & Paul, of Philadelphia, Pa., and Adams & Hargest, of Baltimore, Md., on the brief), for appellant.

Edwin F. Samuels and Charles Markell, both of Baltimore, Md., for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and WATKINS, District Judge.


PARKER, Circuit Judge.

This is an appeal in a suit brought to enjoin infringement of patent No. 1,702,191, issued February 12, 1929, on application filed by one J. C. Bergner October 13, 1919. Defendants, in addition to denying infringement, pleaded that the patent was void on grounds of anticipation and lack of invention. The judge below held that, in view of the prior art, it must be held limited to the particular mechanism described in the specification and drawings...

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