Joseph Ross & Co. v. Wigder

BUFFINGTON, Circuit Judge.

In the court below the plaintiff, the owner by assignment of patent No. 1,255,819, granted February 5, 1918, to William E. Moffat, for a file, charged Bernard Wigder with infringement of the third and fourth claims thereof. On final hearing that court found the claims invalid, for the reason, inter alia, that Moffat was not the real inventor of the file, whereupon this appeal was taken.

After study of the proofs, we find no error in such holding, and on that ground we affirm the decree. The case concerns a manicure file, and the proofs show that Moffat, the patentee,…