Ohio Galvanizing & Mfg. Co. v. Mercury Mfg. Co.

HICKS, Circuit Judge.

Infringement suit based upon reissue patent No. 16,157, granted to Hinshaw, September 1, 1925, for a trailer truck and assigned to appellee. Claims 2, 5, 7, 8, and 10 are in issue. Claims 2 and 8 are printed in the margin.1 The defenses were: (1) That all claims are invalid; (2) that claim 10, if valid, is not infringed; (3) that the reissue patent is not supported by claims patentably different from those in the original application; and (4) that appellee is estopped to assert claims 2, 5, 7, and 8 against appellant. The District Judge held all claims valid and infringed.