Patent & Licensing Corp. v. Weaver-Wall Co.

SIMONS, Circuit Judge.

In a suit by the appellant for infringement of claims 7-15, inclusive, of Cumfer patent, No. 1,604,339, issued October 26, 1926, for “roofing element and roof made thereof,” the master, though holding the patent invalid because of abandonment and prior public sale, felt precluded by the presumption attaching to the grant from denying it validity for lack of invention over prior art, though frankly expressing doubt of its presence. The District Judge upon review concluded that in consideration of all prior art no invention was disclosed for which a mechanical or product…