Arthur Colton Co. v. McKesson & Robbins, Inc.

SWAN, Circuit Judge.

The plaintiff, Arthur Colton Company, is a manufacturer of clip attaching machines made under the patent in suit, of which it is the owner by assignment. ' The defendant, McKesson & Robbins, Inc., is a user of an alleged infringing machine manufactured by Stokes Manufacturing Company,' which is conducting the defense of this suit. Both invalidity and noninfringement were set up as defenses, but only the latter issue was considered below.

The patent relates to a machine for forming and attaching a V-shaped clip to the compressed end of a metal tube filled with tooth paste,…