Smith v. Springdale Amusement Park, Ltd.

MOORMAN, Circuit Judge.

This suit, as originally brought, was for the infringement of eight patents issued to Owen B. Smith, each of which related to apparatus for dog racing. Before trial, and in response to interrogatories filed by the defendant, the plaintiff elected to rely upon but three of the patents, Nos. 1,379,224,1,507,440, and 1,507,439. The trial court decreed the first and third of these valid, but not infringed, and the second invalid as involving only mechanical skill, but, if valid, not infringed. In holding patent 1,507,440 invalid for lack of invention, the court was at…