Chipman Chemical Engineering Co. v. Reade Mfg. Co.

BUFFINGTON, Circuit Judge.

The question here involved is whether when one claim of a patent has been adjudged valid and other claims adjudged invalid, the failure of the patentee to file, within a reasonable time, a disclaimer of the invalid claims thereby renders the valid claim invalid. The question arises on a motion of the plaintiff patentee to have the Reade Manufacturing Company, a defendant, adjudged guilty of contempt for infringement of the adjudicated valid claim. The court, after hearing, dismissed the petition. Whereupon this appeal was taken.

The facts of this case are as follows:…