WEIL PUMP CO. v. CHICAGO PUMP CO.

No. 5070.

74 F.2d 13 (1934)

WEIL PUMP CO. v. CHICAGO PUMP CO.

Circuit Court of Appeals, Seventh Circuit.

November 28, 1934.


Attorney(s) appearing for the Case

Joseph Harris and Merville K. Hobbs, both of Chicago, Ill., for appellant.

Charles O. Shervey and Fred Gerlach, both of Chicago, Ill., for appellee.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.


SPARKS, Circuit Judge.

This is a patent infringement suit, involving claims 1, 2, 4, and 91 of Patent No. 1,666,873. The patent, which covers a duplex pumping apparatus, was issued April 17, 1928, to A. C. Durdin, Jr., on an application filed by him April 27, 1927.

The defenses are invalidity and non-infringement. The alleged invalidity is based on (1) prior art, (2) non-compliance with...

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