National Pressure Cooker Co. v. Aluminum Goods Mfg. Co.

MAJOR, Circuit Judge.

This is a patent infringement suit based upon the Wittenberg patent 2,218,188, issued October 15, 1940 to plaintiff, entitled “Pressure Cooker.” Both plaintiff and defendant are engaged in the manufacture of pressure cookers and other cooking utensils. The patent contains six claims. Plaintiff’s suit was predicated upon claims 1 and 2. The defendant counter-claimed, alleging that all of the claims were void, but if valid were not infringed. The court below held claims 3, 4 and 5 invalid. The court made findings of fact and conclusions of law and entered the judgment…