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BLACK-CLAWSON CO. v. CENTRIFUGAL ENGINEERING & P. CORP.

No. 7207.

83 F.2d 116 (1936)

BLACK-CLAWSON CO. v. CENTRIFUGAL ENGINEERING & PATENTS CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

April 7, 1936.

Attorney(s) appearing for the Case

Drury W. Cooper, of New York City (Marechal & Noe and Greer Marechal, all of Dayton, Ohio, and J. B. Hayward, of New York City, on the brief), for appellant.

Harrison F. Lyman, of Boston, Mass. (H. L. Kirkpatrick and Fish, Richardson & Neave, all of Boston, Mass., and Allen & Allen, of Cincinnati, Ohio, on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

In a patent suit involving claims for a process for purifying paper pulp, the defense of noninfringement having been waived, or the fact of infringement conceded, validity was alone in issue. The patent is one to Thomassen, No. 1,536,988, granted May 5, 1925, upon an application filed February 16, 1924, and belongs to the appellee, plaintiff below. Overruling defenses based on anticipation, double use, and the functional character of the claims...

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