Wolverine Fabricating & Mfg. Co. v. Detroit Gasket & Mfg. Co.

ALLEN, Circuit Judge.

Appellee filed an action praying for a declaratory judgment adjudging invalid *400Kreuz Patent, 2,240,789, issued May 6, 1941, for sheet packing and gasket. Appellant counterclaimed, alleging infringement and praying for injunction and accounting. The District Court, after hearing, held all claims of the patent invalid for want of patentable novelty, granted the relief prayed for, and dismissed the counterclaim.

Appellee admitted in open court that it infringes if the patent is valid, and therefore the principal question is whether Kreuz discloses patentable novelty.

A gasket…