Deitel v. Reich-Ash Corp.

CHASE, Circuit Judge.

This suit was brought on claim 6 of the patent issued July 3, 1923, to Butler E. Greer. All other claims of the patent as it originally issued had been disclaimed some time after a decision of the Ninth Circuit holding the patent valid as to claim 6 only. See Bankers’ Utilities Co. v. Pacific National Bank (C. C. A.) 18 F.(2d) 16. We considered the patent on an appeal from an order granting a motion to dismiss and held that claim 6 was not limited to a book form savings bank. Deitel et al. v. La Minuette Trading Co. et al. (C. C. A.) 37 F.(2d) 41. In this case the…