Chandler v. Cutler-Hammer, Inc.

SPARKS, Circuit Judge.

The plaintiffs charged the defendant with infringement of United States Reissue Patent No. 19,445, to Chandler. This patent is a reissue of a former patent to Chandler issued prior to February 18, 1930. On that date United States Patent No. 1,747,594 was issued to Panish, covering the same subject matter as that disclosed by Chandler’s application for his reissue, whereupon Chandler inserted in his reissue application identical copies of twenty-five claims of the Panish patent, and an interference was declared. Thereupon, by stipulation, the factual question of prior…