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HENRY L. HUGHES CO. v. RAWSON

No. 9685.

69 F.2d 367 (1934)

HENRY L. HUGHES CO., Inc., v. RAWSON.

Circuit Court of Appeals, Eighth Circuit.

February 16, 1934.

Attorney(s) appearing for the Case

Bruce S. Elliott, of St. Louis, Mo. (John J. Darby and Cushman, Darby & Cushman, all of Washington, D. C., on the brief), for appellant.

Harry A. Beimes, of St. Louis, Mo., for appellee.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

This is a suit for infringement of claims 7 to 11, inclusive, of reissued patent No. 16,869 to Ralph H. Goldman (assignor to Henry L. Hughes Company) covering a manicuring instrument. The trial court held itself precluded from determining the validity of the claims involved because the answer did not give notice by citing the prior art nor was notice given thirty days prior to trial (35 USCA § 69). As to infringement, the court held the...

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