Cutler Mail Chute Co. v. Capital Mail Chute Corp.

CAMPBELL, District Judge.

This is an action for the alleged infringement of Patent No. 1,907,906 issued to Stanley V. Van Riper, Assignor to Cutler Mail Chute Co., for Mail Chute, granted May 9th, 1933, on an application filed April 27th, 1932. All of the Claims of the Patent, Numbers 1 to 9, both inclusive, are in suit.

Defendant answered, setting up the usual defenses of invalidity and non-infringement, and further defenses including prior knowledge and public use.

At the trial the defendant apparently discarded all other defenses as to invalidity and relied upon the defense that “all the…