Herman Body Co. v. St. Louis Body & Equipment Co.

DEWEY, District Judge.

Letters patent No. 1,438,664, on truck frames, were issued to William R. Rogers on the 12th day of December, 1922, and upon an application filed by him on the 24th day of November, 1920.

Upon bill of complaint alleging that the patent was being infringed, the defendants .set up claims that the patent was invalid because it was anticipated by the prior art, lacked patentable novelty, arid, if limited to the structure illustrated and described in the patent, its own device did not infringe.

The trial court declared noninfringement without passing on the question of validity,…