Tipp Fireworks Co. v. Victory Sparkler & Specialty Co.

DAVIS, Circuit Judge.

This suit is brought by the Tipp Fireworks Company, as exclusive licensee, and Henry B. Faber and Louis L. Driggs, Jr., the owners of the patent, against the Victory Sparkler & Specialty Company for infringe ment of letters patent No. 1,785,770, for an aerial toy in the field of pyrotechnics. Claims I, 2, 3, and 8 of the patent are in issue. The District Judge dismissed the bill of complaint after full consideration, on the ground that the defendant does not infringe claims 1, 3, and 8, and that claim 2 is invalid. The plaintiffs appealed.

The plaintiffs’ toy is an…