Barber Colman Co. v. Withnell

MORTON, District Judge.

This is a suit for the infringement of three patents, each to H. D. Colman, one, No. 977,Í66, dated November 29,1910, which I shall refer to as the patent of 1910; another, No. 1,115,399, dated October 27,1914, which I shall refer to as the patent of 1914; and a third, No. 1,442,776, dated January 16, 1923, which I shall refer to as the patent of 1923. The usual defenses are interposed, viz. noninfringement, and invalidity, if construed to cover defendant’s machine, and also a suggestion that the 1923 patent is invalid, or limited, because of double patenting.

All three…