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JOHNSON v. HENRICKS

No. 188.

140 F.2d 108 (1944)

JOHNSON v. HENRICKS et al.

Circuit Court of Appeals, Second Circuit.

February 3, 1944.

Attorney(s) appearing for the Case

Munn, Liddy & Glaccum, and John H. Glaccum, all of New York City, for plaintiff-appellant.

Williams Rich & Morse (Hugh C. Lord, of Erie, Pa. and Giles S. Rich, of New York City, of counsel), for defendants-appellees.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The plaintiff, the owner and patentee of United States patent No. 1,866,771 granted on July 12, 1932, for a wrench, sued the defendants in the District Court for the Southern District of New York for infringement of one claim, the fourth. Validity was the issue contested, the claim having been infringed if valid. The patent was held invalid and the plaintiff has appealed.

The patented wrench is of the type formed by pivoting together...

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