Diamond Power Specialty Corp. v. Bayer Co.

STONE, Circuit Judge.

• This is an appeal from a denial of an interlocutory injunction for the infringement of patent No. 1,416,553, issued to Claude M. Garland. The patent covered a device for blowing soot from the tubes of boilers.

A former infringement action resulted in an affirmance by this court (8 Cir.,- 13 F.2d 337) of a decree adjudging infringement of the Garland patent by a machine described in the opinion as the “second form.” The evidence in support of the application here for a temporary injunction consisted of affidavits introduced by the plaintiff-appellant, of an expert witness…