Davies-Young Soap Company v. Nu-Pro Manufacturing Company

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 “* * * faj]g particularly to point out and distinctly to claim the subject matter regarded as the invention”. Judgment was accordingly entered for the appellee, from which result appellant appeals.

Appel…