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KEROTEST MFG. CO. v. C-O-TWO FIRE EQUIPMENT CO.

No. 10302.

189 F.2d 31 (1951)

KEROTEST MFG. CO. v. C-O-TWO FIRE EQUIPMENT CO.

United States Court of Appeals Third Circuit.

Reargued April 20, 1951.

Decided May 24, 1951.

Attorney(s) appearing for the Case

Walter J. Blenko, Pittsburgh, Pa. (John F. C. Glenn, Pittsburgh, Pa., Aaron Finger, Wilmington, Del., Richards, Layton & Finger, Wilmington, Del., Smith, Buchanan & Ingersoll and Blenko, Hoopes, Leonard & Glenn, Pittsburgh, Pa., on the brief), for plaintiff-appellee.

R. Morton Adams, New York City (Pennie, Edmonds, Morton & Barrows, New York City, Arthur G. Connolly, Wilmington, Del., on the brief), for defendant-appellant.

Before BIGGS, Chief Judge, and MARIS, GOODRICH, McLAUGHLIN, KALODNER, STALEY and HASTIE, Circuit Judges.

BIGGS, Chief Judge.

Kerotest Manufacturing Company, the plaintiff in the instant proceeding, sued C-O-Two Fire Equipment Company for a declaratory judgment to have two patents owned by C-O-Two, Re. 23,142 and 2,454,621, declared invalid. The suit at bar was commenced on March 9, 1950. Kerotest is a manufacturer of valves for use in portable carbon dioxide fire extinguishers. C-O-Two manufactures similar extinguishers.

On January 17, 1950, C-O-Two sued Acme...

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