R. A. Henderson v. A.C. Spark Plug Division of General Motors Corporation, R. A. Henderson v. Ford Motor Company

BARNES, Circuit Judge:

Before us are two in forma pauperis appeals from summary judgments entered in the district court dismissing with prejudice two amended complaints of plaintiff alleging patent infringement by each of two defendants of plaintiff’s U. S. Patent No. 3,088,447, entitled “Control for _ Automotive Exhaust Air Pollution”.

While there is much in the briefs about infringement and patentability, there are but two issues before us: (1) Was Claim 6 1 of the Henderson Patent No. 3,088,447 anticipated by prior art, i. e., the Hanks Patent No. 2,354,-373 ? (2) Was there public use and…