Gatch Wire Goods Co. v. W. A. Laid-Law Wire Co.

EVANS, Circuit Judge.

This appeal assails the decree which dismissed a patent infringement suit on the ground that the patent on its face did not disclose patentable invention and was invalid. The patent covers an improvement in a fly swatter, the improvement consisting in the use of a rubberized fabric frame.

The decree having been entered on a motion to dismiss, no evidence was introduced. Attached however to the defendant’s motion to dismiss the amended complaint was an affidavit of its president, and a certified copy of a prior patent to defendant Was-son, No. 1,939,838. Plaintiff made…