McIlvaine Patent Corporation v. Walgreen Co.

LINDLEY, District Judge.

Plaintiff appeals from a judgment declaring Claim 5 of Patent No. 2,040,753 issued to Mcllvaine May 12, 1936, 1 and Claim 1 of Patent No. 2,060,584 to the same patentee, issued November 10, 1936, 2 invalid and, if valid, not infringed.

Invention is asserted upon a combination, all the elements of which are admittedly old except one — in the first patent, the element “electrostatic shields surrounding” the electrodes “and spaced therefrom and positioned within the container to receive and maintain a negative charge whereby the cathode glow is confined inside said…