Kellogg Switchboard & Supply Co. v. Michigan Bell Telephone Co.

SIMONS, Circuit Judge.

In the present infringement suit involving patent to Currier, No. 1,438,170, granted December 12, 1922, upon an application filed September 19, 1914, for a “Tel ephone System with Flickering Recall,” - the District Court, while intimating that if the claims in suit were valid they would have to he so narrowly construed as to avoid the infringement charged, based its decree of dismissal solely on their invalidity because of anticipation by a prior patent to Smythe, No. 758,116. The decree is challenged by the plaintiff below.

In a non-dial central office telephone system,…