Buckeye Incubator Co. v. Cooley

WOOLLEY, Circuit Judge.

Elden E. Cooley, the defendant below, was charged in the biü, and adjudged by the deeree from which he has appealed, to have infringed all the eláims of letters patent No. 1,262,860 and No. 1,263,138, issued on April 16, 1918, to the Buckeye Incubator Company, one of the plaintiffs, ás assignee of the inventor, S. B. Smith, the other plaintiff, for an incubator and an incubator appliance. The validity of the claims of both patents was sustained and infringement found by the Circuit Court of Appeals for the Sixth Circuit in Wolf v. Buckeye Incubator Co., 296 F. 680, on a…