Herz Straw Co. v. Smith

GALSTON, District Judge.

This is a patent infringement suit wherein the defendants are charged with having infringed claim 18 of letters patent No. 1,-660,832, granted to E. Conti on February 28, 1928, for a tube-forming machine.

The specification states that the invention contemplates the formation of a continuous tube, the cutting off of predetermined lengths of the tube during- tho movement of the tube, and the delivery of the cut-off portions from the cut-off mechanism.

The defenses allege invalidity of the claim and noninfringement.

Claim 18 reads as follows: “18. In a tube forming machine,…