WRIGHTWAY ENGINEERING CO. v. MELARD MFG. CORP.

No. 82, Docket 23164.

219 F.2d 392 (1955)

WRIGHTWAY ENGINEERING COMPANY, Appellant, v. MELARD MANUFACTURING CORPORATION, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 8, 1955.


Attorney(s) appearing for the Case

George N. Hibben, Chicago, Ill., Ralph L. Chappell, New York City, Albert J. Fihe, Burbank, Cal., Kenyon & Kenyon, New York City, for appellant.

Will Freeman, Blair, Freeman & Molinare, Chicago, Ill., Ethel Shames, New York City, Norman Lettvin, Chicago, Ill., for appellee.

Before CLARK, Chief Judge, and L. HAND and MEDINA, Circuit Judges.


L. HAND, Circuit Judge.

Judge Galston's opinion1 has stated the facts in such detail that it will be unnecessary for us to repeat them; in what we say we shall assume an acquaintance with it. He found that the defendant infringed the claims in suit, but that they were invalid, because the specifications only disclosed a variant from the prior art that would not support a patent. Since we agree with his second conclusion, we do not find...

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