HIGBY v. A. B. T. MFG. CO.

No. 6218.

93 F.2d 73 (1937)

HIGBY et al. v. A. B. T. MFG. CO., Inc.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied January 13, 1938.


Attorney(s) appearing for the Case

Clarence E. Threedy, of Chicago, Ill., for appellant.

Carl S. Lloyd, of Chicago, Ill., for appellees.

Before EVANS and MAJOR, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

From a decree in the District Court finding patent 1,938,495 valid and infringed by defendant, the latter appeals, claiming that there is no sufficient evidence of title in plaintiffs; that the patent is invalid because anticipated and for lack of inventive skill and that defendant does not infringe.

The patent covers a pin ball game apparatus of the type commonly described as bagatelle, adapted for commercial use. Such apparatus,...

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