SIMPLEX WRAPPING MACH. CO. v. SCHULTZ

No. 9871.

128 F.2d 138 (1942)

SIMPLEX WRAPPING MACH. CO. v. SCHULTZ et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 11, 1942.


Attorney(s) appearing for the Case

Paul D. Flehr, of San Francisco, Cal. (John F. Swain, of San Francisco, Cal., of counsel), for appellant.

Adelbert Schapp, of San Francisco, Cal., for appellees.

Before GARRECHT and HANEY, Circuit Judges, and St. SURE, District Judge.


HANEY, Circuit Judge.

One Gaubert brought this action against appellees to recover for alleged infringement of patent No. 2,094,594 issued to him on October 5, 1937. Subsequently appellant, having become the owner of the alleged patent, was substituted as appellant. The court below held the claims in issue (Claims 2, 3, 5, 8, 14, 18 and 19) to be anticipated and invalid. From a decree to that effect, this appeal followed.

The patent in issue relates to a machine...

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