UNIVIS CORPORATION v. RIPS

Nos. 7594, 7595.

104 F.2d 749 (1939)

UNIVIS CORPORATION et al. v. RIPS et al. SAME v. GRIMSHAW.

Circuit Court of Appeals, Sixth Circuit.

May 3, 1939.


Attorney(s) appearing for the Case

H. A. Toulmin, Jr., of Dayton, Ohio (H. A. Toulmin and H. A. Toulmin, Jr., both of Dayton, Ohio, and Ralph Routier, of Detroit, Mich., on the brief), for appellants.

Victor D. Borst, of New York City, and Otto F. Barthel, of Detroit, Mich. (Victor D. Borst, of New York City, and Otto F. Barthel, of Detroit, Mich., on the brief), for appellees.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.


HICKS, Circuit Judge.

Separate suits by appellants against Paul Rips and Rips Optical Company and against Charlotte M. Grimshaw, an employee of Rips, for infringement of Patents No. 1,899,777 issued February 28, 1933, to Stanley; and No. 1,912,165 issued May 30, 1933, to Silverman.

Infringement is conceded. The District Court found both patents invalid for want of invention. The cases are here on one record. All claims of both patents are in issue.

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