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ALTOONA PUBLIX THEATRES v. AMERICAN TRI-ERGON CORP.

Nos. 5392, 5393.

72 F.2d 53 (1934)

ALTOONA PUBLIX THEATRES, Inc., et al. v. AMERICAN TRI-ERGON CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

As Corrected August 6, 1934.

Attorney(s) appearing for the Case

Charles Neave, of New York City, Isaac D. Levy, of Philadelphia, Pa., Henry R. Ashton, of New York City, and Reese H. Harris, of Scranton, Pa., for appellants.

Hugh M. Morris, of Wilmington, Del., S. Mortimer Ward, Jr., and Page S. Haselton, both of New York City, and Morgan S. Kaufman and Philip V. Mattes, both of Scranton, Pa., for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.

BUFFINGTON, Circuit Judge.

These are appeals from two decrees of the District Court holding claims 5, 7, 9, 13, 17, 18, and 19, of United States Patent No. 1,713,726, valid and infringed.

The main contest below and here is on the validity of the claims in suit. If they are valid, infringement, while not admitted, is rather feebly pressed. The patent, including the claims in issue, is presumptively valid, both as to novelty and utility. Lehnbeuter v. Holthaus...

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