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NICHOLSON v. CARL W. MULLIS ENGINEERING AND MFG. CO.

No. 8639.

315 F.2d 532 (1963)

Thomas W. NICHOLSON, Appellant, v. CARL W. MULLIS ENGINEERING AND MANUFACTURING COMPANY, Inc., Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 6, 1963.

Attorney(s) appearing for the Case

Robert W. Beach, Seattle, Wash. (J. Wright Horton, Greenville, S. C., on brief) for appellant.

Jennings Bailey, Jr., Washington, D. C. (Richard E. Richards, Lancaster, S. C., on brief) for appellee.

Before BOREMAN and BRYAN, Circuit Judges, and BUTZNER, District Judge.

ALBERT V. BRYAN, Circuit Judge.

Log barking machines are the subject of the three patents now before us in the review of the District Court's determination: (1) that the two owned by plaintiff-appellant Nicholson are invalid, (2) that the one belonging to defendant-appellees Mullis is valid, and (3) that the latter has been infringed by an unpatented machine of the appellant. We sustain the District Judge in rejecting Nicholson's two patents, but we cannot join in...

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