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DAVIES-YOUNG SOAP CO. v. NU-PRO MANUFACTURING CO.

No. 16173.

273 F.2d 454 (1959)

DAVIES-YOUNG SOAP COMPANY, Appellant, v. NU-PRO MANUFACTURING COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

December 21, 1959.

Attorney(s) appearing for the Case

Harry A. Toulmin, Jr., Dayton, Ohio, for appellant.

Lawrence H. Cohn, St. Louis, Mo., for appellee.

Before GARDNER and VOGEL, Circuit Judges, and MICKELSON, District Judge.

VOGEL, Circuit Judge.

This appeal arises out of a suit brought by the appellant, The Davies-Young Soap Company, against the appellee, Nu-Pro Manufacturing Company, for patent infringement. The District Court, Judge Harper presiding, found it unnecessary to determine the question of infringement as it held appellant's patent invalid on the grounds that it lacked novelty and invention and because "* * * it fails particularly to point out and distinctly to claim the...

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