Jas. H. Matthews & Co. v. Bronze, Inc.

SPARKS, Circuit Judge.

Appellant charged appellee with infringement of United States design patents Nos. 102,517 and 102,518 to Seibert and Williams. They were both issued December 29, 1936, on applications filed April 28, 1936, and were duly assigned to appellant before this action was instituted. Appellee’s answer denied validity and infringement as to each patent. The District Court found and adjudged both patents infringed if valid; however, it held both patents invalid. From that decree this appeal is prosecuted.

Each patent discloses an ornamental design for a gravemarker, and that is the *771…