A. B. Dick Co. v. Barnett

MAYER, Circuit Judge.

The patent was held valid in Dick Co. v. Underwood Typewriter Co. (D. C.) 246 Fed. 309, affirmed without opinion 252 Fed. 990, 164 C. C. A. 663. Therefore the Underwood Case, supra, must .be accepted as far as it goes, and there is nothing in the present record which menaces validity, if the patent disclosure is operative. While some other points were urged, the pres*574ent controversy may be reduced to two defenses, inoperativeness and noninfringement.

The present commercial stencil sheet has attained large commercial success, but that fact does not aid in determining the…