Damrow Bros. Co. v. Stoelting Bros. Co.

PAGE, Circuit Judge.

Appellant seeks to reverse a decree holding claims 1, 2, and 3 of McKinnon patent No. 735,133, granted August *4934, 1903, and claims 1, 3, and 6 of McKinnon patent No. 828,421, granted August 14, 1906, to be valid and infringed by appellant. Appellant urges the invalidity of all the claims and noninfringement of claims 1 and 3 of patent No. 828,421.

In the cheese-making art there were many inventions, from 1840 to 1894, when Feldmeier procured his patent No. 529,856, so strongly relied upon by appellant as anticipating the first McKinnon patent.

Both McKinnon and Feldmeier used…