Toledo Scale Co. v. Computing Scale Co.

DENISON, Circuit Judge.

This is the usual infringement suit on claims 1, 2, 3, and 4 of patent No. 839,736, December 25, 1906, to the Toledo Company, upon an application filed April 9, 1901, by Do Yilbiss. The bill was dismissed upon final hearing in the court below, by an opinion discussing the defenses of anticipation by the defendant, adjudication as the result of litigation between the parties in the Seventh circuit, and estoppel as the result of plaintiff’s delay and voluntary dismissal of a similar former bill. Passing by these defenses without intimation of opinion, we conclude that the…