Minnesota Min. & Mfg. Co. v. Industrial Tape Corp.

MAJOR, Circuit Judge.

This is an appeal from an order dismissing plaintiff’s complaint in a suit for patent infringement. The order of dismissal followed the court’s findings of fact and conclusions of law, in which it was found that the claims in suit were invalid because anticipated by certain prior art patents and publications, and that no patentable invention was shown in view of the prior art.

The patent in suit No. 2,221,213, entitled “Tape Dispenser,” issued November 12, 1940, to John A. Borden (referred to as the Borden device) and later assigned to plaintiff, relates to a device used…