Traitel Marble Co. v. Manhattan Terrazzo Brass Strip Co.

MANTON, Circuit Judge.

This suit is for infringement of claims 4, 5, 6, and 7 of the Calkins patent, No. 1,451,-491, granted April 10,1923, for a pattern and guide strip used for terrazzo flooring. We considered the patent and held it valid and infringed in Traitel Marble Co. v. Hungerford, 22 F.(2d) 259. See, also, Traitel Marble Co. v. Hungerford (C. C. A.) 18 F.(2d) 66. We may now consider only the claim of noninfrihgement.

Because of the limitations which must be placed on the claims in suit, in view of the prior art, we must hold that the appellant does not infringe.

The Mainzer British…