Concrete Mixing & Conveying Co. v. Powers-Kennedy Contracting Corp.

SWAN, Circuit Judge.

These same claims were held valid and infringed by the same District Judge in Concrete Mixing & Conveying Co. v. Ulen Contracting Corp., 12 F.(2d) 929. We affirmed that decree without opinion. 12 F, (2d) 931. A detailed description of the patent in suit need not be here repeated. Subsequently Judge Bourquin held the patent invalid in Concrete Mixing & Conveying Co. v. R. C. Storrie & Co. (D. C.) 23 F.(2d) 131. It is urged that, because of his decision and the case of Concrete Appliance Co. v. Gomery, 269 U. S. 177, 46 S. Ct. 42, 70 L. Ed. 222, as well as because of new…