Solar Corporation, by Merger Now Gamble-Skogmo, Inc. v. Borg-Warner Corporation

LINDLEY, Circuit Judge.

Plaintiff’s suit for infringement of the patents, Castner 2,470,140 claims 1, 4, and 5, reissue thereof 23,626, claims 1, 4, 5, 6, 7 and 8, and Roth, 2,633,727 claims 1 and 3, resulted in a determination that all claims in suit were invalid, but that, if valid, defendant had infringed claim 1 of both Castner patents and claims 1 and 3 of the Roth patent, but not claims 4 and 5 of the original Cast-ner patent, or claims 4,5, 6, 7 and 8 of the reissue patent. Upon appeal, plaintiff insists that the trial court erroneously held (1) the claims invalid; (2) that, in view of…