Claude Neon Lights, Inc. v. E. Machlett & Son

MANTON, Circuit Judge.

When tMs suit for infringement of patent No. 1,125,476 was heard on appeal from a decree holding the patent valid, but not infringed (Claude Neon Lights, Inc., v. E. Machlett & Son [C. C. A.] 27 F.(2d) 702), we held that the lamp made by the defendant, and charged to be an infringement, was in fact established to be an infringement. The lamps there considered (Exhibits 9 and 10) had electrodes of large area containing a charge of magnesium carbonate. At the trial, and on the appeal, it was claimed that the disclosure of the Claude patent taught that the electrode area…