Penmac Corp. v. Esterbrook Steel Pen Mfg. Co.

CLARK, Circuit Judge.

This action for the usual injunction and accounting for patent infringement was originally brought upon nine patents .for mechanical pencils. Four were eliminated voluntarily from the action before trial. The District Court sustained the claims as to two and held the other three invalid. Defendant’s appeal therefore concerns only the two patents upheld, Nos. 1,866,072 and 1,928,042, issued to Alfred Woelm (Woelm No. 1 and No. 2). The detailed claims as to each — Claims Nos. 1, 2, 24-26, 28-30, 36, and 37 of No. 1, and 6, 7, 10, 12, and 13 as to No. 2 — are quoted in the…