Chipman Chemical Engineering Co. v. Reade Mfg. Co.

WOOLLEY, Circuit Judge.

The plaintiff charged infringement of Chipman’s patent (No. 1,694,205) for a weed killer and method of killing weeds. Cláims 3, 4, 6, 7, 8, 9 and 10 were in suit before the District Court which held claim 7 valid and infringed and dismissed the bill as to-the remaining claims.

The plaintiff took this appeal from that part of the decree dismissing the bill as to certain claims; the defendant, suffering a delay and therefore not being able to appeal from the interlocutory decree against it on claim 7, awaits the final decree to appeal. We shall therefore be cautious not…