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THOMPSON v. AMERICAN TOBACCO CO.

No. 5821.

174 F.2d 773 (1949)

THOMPSON et al. v. AMERICAN TOBACCO CO.

United States Court of Appeals Fourth Circuit.

Decided May 10, 1949.

Attorney(s) appearing for the Case

Walter G. M. Fields, Washington, D. C., and Charles K. Davies, Jr., Bethesda, Md. (Frank E. Scrivener, Washington, D. C., on the brief), for appellants.

Daniel V. Mahoney, New York City (F. L. Fuller, Jr., Durham, N. C., and Pennie, Edmonds, Morton & Barrows, New York City, on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

This appeal is taken from a judgment whereby the District Court dismissed the suit for patent infringement brought against the American Tobacco Company by the owners of United States Patent No. 2,388,772 issued to Ross Thompson. The court reached the conclusion that Thompson was not the inventor of the machine described in the patent, that the patent was invalid in view of the prior art and in view of the public use of the patented machine for...

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