George H. Scherr, an Individual v. National Bio-Test, Inc., a Corporation

This is an appeal from final judgment, entered after hearing upon the merits before the court, dismissing plaintiff’s complaint for infringement of Reissue Patent No. 24,557, issued to plaintiff covering “Means for Assessing the Effect of Various Agents on the Growth of Microorganisms.”

The trial court in a memorandum opinion reported at 197 F.Supp. 372 describes the patent, sets out the claims, 1 discusses the prior art, makes findings of fact and upon the basis of such findings, concludes :

“It is the conclusion of the Court that plaintiff’s device teaches only what was previously known in…