Vischer Products Co. v. National Pressure Cooker Co.

KERNER, Circuit Judge.

This is an appeal by plaintiff from a judgment dismissing the complaint which charged defendant with infringement of claims 6, 7, 8, 9 and 10 of Patent No. 2,301,-724, issued to Alfred Vischer, Jr. on November 10, 1942 on an application filed May 18, 1938 for “a pressure relief device.” The case was tried by the court without a jury. Claims 8, 9 and 10 have been disclaimed, leaving only claims 6 and 7 to be considered. The issues were: (1) Whether the claims were invalid (a) for lack of invention or (b) because of anticipation, and (2) whether defendant had infringed.…