Wheatley v. Rex-Hide, Inc.

SPARKS, Circuit Judge.

Appellant charged appellee with infringement of his United States patent number 1,621,388. It was issued March 15, 1927, on an application filed December 3, 1923. The defenses were invalidity, non-infringement and estoppel. The court held that the patent was invalid, but that if it were valid it was infringed by ap-pellee’s device. The court further held that appellant was estopped from enforcing the patent against appellee. The complaint was accordingly dismissed for lack of equity, and from this decree the appeal is prosecuted.

Appellant’s disclosure relates to a rubber…