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McILVAINE PATENT CORPORATION v. WALGREEN CO.

No. 8121.

138 F.2d 177 (1943)

McILVAINE PATENT CORPORATION v. WALGREEN CO. et al.

Circuit Court of Appeals, Seventh Circuit.

October 20, 1943.

Attorney(s) appearing for the Case

Ira J. Wilson, of Chicago, Ill., for appellant.

Harry C. Alberts, Max W. Zabel, W. Bayard Jones, and Edward U. Dithmar, all of Chicago, Ill., for appellees.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff appeals from a judgment declaring Claim 5 of Patent No. 2,040,753 issued to McIlvaine May 12, 1936,1 and Claim 1 of Patent No. 2,060,584 to the same patentee, issued November 10, 1936,2 invalid and, if valid, not infringed.

Invention is asserted upon a combination, all the elements of which are admittedly old except one—in the first patent, the element "electrostatic...

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