McIVOR v. CHEMURGIC CORPORATION

No. 9036.

104 F.2d 58 (1939)

McIVOR v. CHEMURGIC CORPORATION.

Circuit Court of Appeals, Ninth Circuit.

May 20, 1939.


Attorney(s) appearing for the Case

Wm. B. Chaplin, of Oakland, Cal., for appellant.

James M. Naylor, of San Francisco, Cal. (John H. Moskowitz, of Petaluma, Cal., of counsel), for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.


HANEY, Circuit Judge.

In a suit brought by appellant against appellee to restrain an alleged infringement of appellant's patent (McIvor patent No. 2,082,712, issued June 1, 1937), and to recover damages for the alleged infringement, the court below held Claims 1, 2, 4 and 5 invalid because anticipated by prior art.

Appellant's patent relates to a container or feeder for insect poison, used principally for the extermination or control of ants by poisoning....

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