Schmitt v. Norcor Mfg. Co.

SPARKS, Circuit Judge.

The defendant here was charged with infringement of claims 2, 3, 4 and 6 of United States Patent to Schmitt No. 1,800,107, for a folding chair, issued April 7, 1931, on an application filed February 26, 1929.

The defense was invalidity and lack of infringement, and the answer affirmatively demanded that the patent be declared void and each of its claims invalid. The District Court, in a special finding of facts, found that none of the claims relied upon was infringed by any of defendant’s chairs. However, it did not pass upon the question of validity, because, as it said,…