Buckeye Incubator Co. v. Blum

The court below (17 F.[2d] 456) held that the defendant there (appellee here) did not infringe the Smith patent, No. 1,262,860, issued April 16,1918, for an incubator. The patent and its scope were discussed by this court in Wolff v. Buckeye Co., 296 F. 680, and in Buckeye Co. v. Petersime, 19 F.(2d) 721. They have been considered in other circuits in the cases mentioned in the note.1 Further discussion of the main features is not now necessary.

Counsel for appellant frankly concede that there should be an affirmance, unless we are prepared to modify to some extent our holding in the Petersime…