AERATION PROCESSES, Inc.
v.
WALTER KIDDE & CO., Inc., et al.
United States Court of Appeals Second Circuit.https://leagle.com/images/logo.png
November 1, 1948.
November 1, 1948.
Attorney(s) appearing for the Case
Toulmin & Toulmin, of Dayton, Ohio (H. A. Toulmin, Jr. and Clayton E. Crafts, both of Dayton, Ohio, Hugh M. Bennett, of Columbus, Ohio, and John S. Powers, of Buffalo, N. Y., of counsel), for plaintiff-appellee.
Floyd H. Crews and Darby & Darby, all of New York City (Edwin T. Bean, of Buffalo, N. Y., and J. William Carson, of Belleville, N. J., of counsel), for defendants-appellants.
Before AUGUSTUS N. HAND, CLARK and FRANK, Circuit Judges.
United States Court of Appeals Second Circuit.
FRANK, Circuit Judge.
1. We cannot agree with the district judge that this patent is valid. To the facts reported in his opinion (77 F.Supp. 647), we must add one important set of facts that he failed to note: As the patent states, the application, filed September 26, 1935, on which the patent issued, was a "continuation-in-part" of an earlier "co-pending application," filed February 8, 1934. Getz abandoned the earlier application...
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