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IMPERIAL BRASS MFG. CO. v. HACKNEY

No. 5175.

75 F.2d 689 (1935)

IMPERIAL BRASS MFG. CO. v. HACKNEY.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 3, 1935.

Attorney(s) appearing for the Case

Walter F. Boye, of Chicago, Ill., for appellant.

J. Bernhard Thiess and Bertram Wm. Coltman, both of Chicago, Ill. (Earle W. Evans, of Wichita, Kan., of counsel), for appellee.

Before EVANS, SPARKS, and FITZHENRY, Circuit Judges.

EVANS, Circuit Judge.

The patent in suit (No. 1,578,725) covers an "acetylene generator." The three claims in issue (3, 4, and 8) cover a particular combination which appellant's device infringes. Avoidance of liability for such infringement is sought on three grounds: (a) The claims are invalid because of prior invention and the prior use by one Dorsey. (b) The laches of appellee in asserting her monopoly against appellant...

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