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OSWELL v. BLOOMFIELD

No. 7085.

113 F.2d 377 (1940)

OSWELL v. BLOOMFIELD et al.

Circuit Court of Appeals, Seventh Circuit.

June 24, 1940.

Attorney(s) appearing for the Case

Walter J. Sampson and Max Richard Kraus, both of Chicago, Ill., for appellant.

Albert G. McCaleb, Arthur Nelson Cornell, Thos. F. McWilliams, all of Chicago, Ill., for appellees.

Before SPARKS, TREANOR, and KERNER, Circuit Judges.

SPARKS, Circuit Judge.

Appellant charged appellees with the infringement of United States Patent No. 1,983,187 to Oswell. The patent was issued on December 4, 1934, upon an application filed April 23, 1934. The defenses were invalidity and non-infringement. Claim 1 was in issue, and the court found that it was invalid for lack of invention.1 It is also found that the claim was not anticipated by the patents set up in the defendants' answer...

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