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SEIBERLING RUBBER CO. v. I. T. S. CO.

No. 9323.

134 F.2d 871 (1943)

SEIBERLING RUBBER CO. et al. v. I. T. S. CO.

Circuit Court of Appeals, Sixth Circuit.

April 12, 1943.

Attorney(s) appearing for the Case

J. Ralph Barrow, of Akron, Ohio (Hawgood & Van Horn, Arthur H. Van Horn, and J. Ralph Barrow, all of Cleveland, Ohio, on the brief), for appellants.

F. O. Richey, of Cleveland, Ohio (F. O. Richey, H. F. McNenny, J. D. Douglass, and Richey & Watts, all of Cleveland, Ohio, on the brief), for appellee.

John J. Darby, of Washington, D. C. (Wood, Arey, Herron & Evans, of Cincinnati, Ohio, John J. Darby, of Washington, D. C., Simon E. Sobeloff, of Baltimore, Md., and C. Willard Hayes, of Washington, D. C., on the brief), for Holtite Mfg. Co., Inc., and Cat's Paw Rubber Co., Inc., amici curiae.

Before SIMONS, MARTIN, and McALLISTER, Circuit Judges.

SIMONS, Circuit Judge.

Stripped of immaterial matter, consideration of weight of evidence, innuendo, and unsustained and unsustainable defenses, the determination of the present patent infringement suit involves decision on the single issue of invention. We confine ourselves to the question whether improvement made by the patentee over prior art is such as denotes inventive quality. The District Court held that it did, and entered decree for injunction and accounting...

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