MATTHEWS v. KOOLVENT METAL AWNING CO.

No. 11467.

158 F.2d 37 (1946)

MATTHEWS et al. v. KOOLVENT METAL AWNING CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 16, 1947.


Attorney(s) appearing for the Case

E. W. Moise, of Atlanta, Ga., and A. L. Ely and Bernard C. Frye, both of Akron, Ohio, for appellants.

William H. Parmelee, of Pittsburgh, Pa., and James A. Branch, of Atlanta, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

Appealing from a decree adjudging the patent valid but not infringed, plaintiffs are here querying, "What shall it profit a patentee that his patent is declared valid if his claims are so precisely read, the range of equivalence so narrowly confined, that piracy is rewarded for the cunningness of its dissimulation and the patentee is robbed of the fruits of his invention?".

Complaining of the decree as another in that long and growing...

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