Sterling Varnish Company v. Louis Allis Company

GRUBB, District Judge.

This case is before the court on the motion of the plaintiff for an order modifying this court’s decision of November 7, 1956, reported in 145 F.Supp. 810. In the decision of November 7, 1956, this court held that claims 2 and 7 of plaintiff’s patent 2,417,538, hereinafter referred to as letters patent ’538, were void for double patenting. It was the opinion of the court that claims 2 and 7 of letters patent ’538 were for the same invention as that claimed in letters patent 2,411,180, hereinafter referred to as letters patent ’180.

Shortly after the court handed down its…