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JOSEPH SHAW CO. v. BRASWELL

No. 10801.

177 F.2d 959 (1949)

JOSEPH SHAW CO. et al. v. BRASWELL.

United States Court of Appeals Sixth Circuit.

November 22, 1949.

Attorney(s) appearing for the Case

Carl F. Schaffer, Toledo, Ohio, Charles W. Owen, Toledo, Ohio, on brief, for appellants.

Malcolm W. Fraser, Toledo, Ohio, for appellee.

Before HICKS, Chief Judge, and SIMONS and MARTIN, Circuit Judges.

HICKS, Chief Judge.

Plaintiff-appellee brought suit against defendants-appellants for infringement of his Patent No. 2,238,306, issued April 15, 1941, for a "Curb Feeler For Automobiles." The principal defense was non-invention. Infringement is conceded if the patent should be held valid.

The District Court decided that the patent was valid and infringed.

The patent is not a primary one. The specification states that its object is to provide certain...

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