Petersime Incubator Co. v. Bundy Incubator Co.

ALLEN, Circuit Judge.

Appellant brought an action praying for a declaratory judgment holding Stover patent 1,911,249 for an apparatus for hatching eggs, and Stover patent 1,911,250, for a process for the incubation and hatching of eggs, both owned by appellee, invalid and not infringed, and an injunction against alleged acts of unfair competition practiced by the appellee. The answer denied the charge of unfair competition and asserted validity of the patents and infringement by the appellant. By stipulation of counsel the only claim in issue is method claim No. *5815 of patent 1,911,25o,1 which…