Wolf v. Buckeye Incubator Co.

DONAHUE, Circuit Judge.

This is an appeal from a decreq of the District Court holding valid and infringed the five several claims of United States letters patent No. 1,262,860 and the five several claims of the United States letters patent No. 1,263,138, issued April 16, 1918, to Samuel B. Smith, who later assigned the same to the Buckeye Incubator Company. The defenses are invalidity and noninfringement.

Patent No. 1,262,860 pertains to a hatching method and improvements in incubators for practicing such method, and is intended for extensive operations, wherein, a chamber of large dimensions…