Kenneth Reiner and Frank A. Klaus, Jr., D/B/A Kaynar Company and Kaynar Mfg. Co., Inc. v. The I. Leon Co., Inc.

HAYS, Circuit Judge.

This is the second time this patent litigation has been before this court. In the former appeal, Reiner v. I. Leon Co., 285 F.2d 501 (2d Cir. 1960), cert. denied, 366 U.S. 929, 81 S.Ct. 1649, 6 L.Ed.2d 388 (1961), we upheld the validity of Claim 3 of plaintiffs’ Reissue Patent No. 23,163, and held that Claim 3 was infringed by the device then being manufactured by defendant. The present case involves a new device which defendant thereafter commenced to manufacture and sell and which plaintiffs claim also infringes their patent. Upon reference to David S. Kane, Esq., the…