PATENT & LICENSING CORPORATION v. WEAVER-WALL CO.

No. 7322.

95 F.2d 182 (1938)

PATENT & LICENSING CORPORATION v. WEAVER-WALL CO.

Circuit Court of Appeals, Sixth Circuit.

March 11, 1938.


Attorney(s) appearing for the Case

Thomas G. Haight, of Jersey City, N. J., and Harrison F. Lyman, of Boston, Mass. (Samuel Stearman and Fish, Richardson & Neave, all of New York City, and Squires, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for appellant.

George I. Haight, of Chicago, Ill. (John B. Hull and Hull, Brock & West, all of Cleveland, Ohio, on the brief), for appellee.

Before HICKS and SIMONS, Circuit Judges, and HAMILTON, District Judge.


SIMONS, Circuit Judge.

In a suit by the appellant for infringement of claims 7-15, inclusive, of Cumfer patent, No. 1,604,339, issued October 26, 1926, for "roofing element and roof made thereof," the master, though holding the patent invalid because of abandonment and prior public sale, felt precluded by the presumption attaching to the grant from denying it validity for lack of invention over prior art, though frankly expressing doubt of its presence. The District...

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