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GRATIOT v. FARR COMPANY

No. 13352.

237 F.2d 940 (1956)

Jules D. GRATIOT and Air-Maze Corporation, Appellants, v. FARR COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 4, 1956.

Attorney(s) appearing for the Case

Harris, Kiech, Foster & Harris, Ford Harris, Jr., Donald C. Russell, Overton, Lyman, Prince & Vermille, Los Angeles, Cal., Hyde, Meyer, Baldwin & Doran, George S. Baldwin, Cleveland, Ohio, for appellant.

Lyon & Lyon, George L. Duke, Leonard S. Lyon, Richard F. Lyon, Richard E. Lyon, Los Angeles, Cal., for appellee.

Before DENMAN, Chief Judge, and McALLISTER and BARNES, Circuit Judges.

DENMAN, Chief Judge.

Appellants, hereafter Gratiot, appeal from a judgment holding valid a patent owned by the Farr Company, hereafter Farr, and that it was infringed by a device of Gratiot and awarding damages to Farr and enjoining Gratiot from further use of his device. Gratiot contends that the court erred in holding that Farr's patent had not been anticipated and hence that it is valid.

The patent awarded is for a filter to free the air from dust. Farr...

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