Gilbert Spruance Co. v. Ellis-Foster Co.

BIGGS, Circuit Judge.

Claim 11 of United States Reissue Patent No. 19,967 for “Composition of Matter Comprising .Resin Esters” reissued May 12, 1936, to the appellee, Ellis-Foster Company, as assignee of Harry M. Weber, is alleged to be infringed by the Gilbert Spruance Company, the appellant, in the suit at bar. Specifically the claim is for “A varnish consisting of a solution of a glycerol ester of a resin and organic car-boxylic acid selected from the group consisting of phthalic, maleic, fumaric, malic and succinic acids, incorporated with nitrocellulose.”

Weber’s disclosure is as follows.…