The Stiffel Company, and Cross-Appellee v. Sears, Roebuck and Co., and Cross-Appellant

KILEY, Circuit Judge.

This is a patent infringement and unfair competition suit. Defendant answered that the patents in suit were invalid and that defendant was not guilty of unfair competition; and its counterclaim sought declaratory judgment accordingly. The District Court found the patents invalid, but found defendant guilty of unfair competition. From the judgment on these findings, each party has appealed.

The patents in suit are Stiffel Patent No. 2,793,286 and Stiffel Design Patent No. 180,251, both relating to floor to ceiling “pole lamps.” The patents were issued to Theophile Stiffel…