DEVEX CORPORATION v. GENERAL MOTORS CORPORATION

No. 13979.

321 F.2d 234 (1963)

DEVEX CORPORATION et al., Plaintiffs-Appellants, v. GENERAL MOTORS CORPORATION et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied September 4, 1963.


Attorney(s) appearing for the Case

Frank H. Marks, Chicago, Ill., William C. McCoy, Jr., Cleveland, Ohio, Walter J. Blenko, Pittsburgh, Pa., for appellant.

Arthur W. Dickey and Neal A. Waldrop, Detroit, Mich., for defendant General Motors Corporation.

Benjamin H. Sherman, Carlton Hill, Chicago, Ill., for defendant-appellee, Houdaille Industries, Inc.

George N. Hibben and Jerome F. Fallon, Chicago, Ill., for other appellees.

Before DUFFY and SWYGERT, Circuit Judges, and MAJOR, Senior Circuit Judge.


DUFFY, Circuit Judge.

These are two civil suits for infringement of Henricks' Reissue Patent No. 24,017 which were consolidated for trial on the common issue of validity. Claim 4 is the only claim at issue.1 The District Court held Claim 4 of the patent in suit to be invalid in view of the indefiniteness of the claim, the prior art and prior public use.

The patent in suit relates to lubrication...

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