Helen Smith Nelson, of Arthur E. Nelson, Deceased v. Swing-A-Way Manufacturing Company, a Corporation, and Idus L. Rhodes

VAN OOSTERIIOUT, Circuit Judge.

Plaintiff appeals from judgment dismissing her patent infringement suit against defendant. The court granted a separate trial on the issue of the ownership of the patents and, after hearing on the merits upon such issue, found that defendant was the owner of the patents and dismissed the infringement suit.

Plaintiff is the executrix of the estate of her deceased husband, Arthur E. Nelson, and in such capacity has succeeded to all of Mr. Nelson’s interest in the patents in controversy. Defendant Rhodes during the period here material had operated his manufacturing…