Burry Ry. Supply Co. v. Laughlin

EVAN A. EVANS, Circuit Judge.

Appellees, hereinafter called plaintiffs, brought this suit against appellants, hereinafter called the defendants, to determine the validity of certain patents, and to enjoin their further alleged infringement. Claims 22 to 26 of the Laughlin patent, No. 1,396,687, and 32 and 33 of Laughlin patent, No. 1,396,688, are involved. Likewise an interference contest involving claims 1 to 7 of Laughlin patent No. 1,396,687 is presented. ____

*939Defendants contend that they are entitled to these claims allowed by reason of the grant of patent No. 1,191,153 to Burry. The Burry…