Bishop & Babcock Manufacturing Co. v. Sears, Roebuck & Co.

FREED, District Judge.

This is an action for the alleged infringement of plaintiff’s Patent No. 2,-322,041, relating to a combination automobile heater and windshield defroster. The alleged inventor of the device set forth in the patent is Edward L. Mayo, the president of the plaintiff-corporation. The plaintiff acquired the patent by assignment from Mayo prior to the date of issue. Plaintiff seeks an injunction and accounting.

The defendant challenges the patent-ability of the Mayo device on the grounds that it represents merely the product of mechanical skill as opposed to invention and that…