General Motors Corporation v. Kesling

STONE, Circuit Judge.

This is an action for damages for infringement of claims 25-29 inclusive of Kesling patent No. 2,034,400 (issued March 17, 1936), which covers a vacuum power mechanism for assisting the shifting of automobile transmissions of the selective sliding gear type. From judgment for plaintiff, defendant appeals.

There is no contest over jurisdiction, ownership of patent by plaintiff or amount of recovery. The issues are the validity of the patent and, if valid, the existence of infringement.

Properly to understand and determine these issues of validity and infringement, it is…