Karl Kiefer Mach. Co. v. United States Bottlers Machinery Co.

EVANS, Circuit Judge.

Defendant relies on two grounds for affirmance: (a) The record does not permit of a review of the question raised, and (b) The District Court correctly ruled in dismissing the complaint as to this product patent because claim 3 was clearly not infringed by its structure.

A District Court is clearly within its powers and within the Rules of Civil Procedure, in dismissing a patent suit, on motion of defendant, at any stage of the proceedings, after commencement of the suit, provided the facts warrant it. Gatch *357Wire Goods Co. v. W. A. Laidlaw Wire Co., 7 Cir., 108 F.2d 433;…