Atlantic Refining Co. v. James B. Berry Sons Co.

On Rehearing.

BIGGS, Circuit Judge.

This case was an appeal from a decree of the court below holding invalid claims 1 and 2 of United States Patent No. 1,680,421, issued to the appellant, The Atlantic Refining Company, upon August 14, 1928, as assignee of Joseph W. Lewis, Jr. Heretofore we filed an opinion in this cause sustaining the validity of the claims in issue and holding them to be infringed. On motion, a rehearing was granted and the case heard anew. After due consideration had, the Court finds no reason to differ from its former holding that the patent was valid and infringed, but in…