Blaw-Knox Company v. I. D. Lain Company (Inc.)

LINDLEY, Circuit Judge.

Plaintiff appeals from a judgment declaring invalid all claims of its patent to Bushnell, its assignor, number 2,361,-377, applied for September 23, 1941, allowed October 31, 1944, on which it had brought suit against defendant for infringement. The Court found, further, that if the patent were valid, it would be infringed by the device used by defendant. There is no attack upon the latter finding, but plaintiff, on appeal, questions the judgment of invalidity.

The patent pertains to a mechanism for paving concrete highways and other roadways and to the methods employed…