Diebold, Inc. v. Record Files, Inc.

JONES, Chief Judge.

Defendant, Record Files Inc., moves to strike the supplemental complaint filed February 18, 1953; and further asks for dismissal of all portions of the complaint relating to the patent of Walter F. Regenhardt, No. 2,169,769. It asserts that the pertinent claims of Patent No. 2,169,769 are invalidated by an attempted but invalid disclaimer.

Facts respecting the disclaimer are set out in the supplemental complaint, and a copy of the disclaimer is attached thereto. The disclaimer is dated November 18, 1952, and the supplemental complaint reveals that it was published in the…