The Federal Reporter: With Key-Number Annotations ..., volume 155
The Federal Reporter: With Key-Number Annotations ..., volume 155
United States. Circuit Courts, United States. District Courts, District of Columbia. Court of Appeals, United States. Circuit Court of Appeals, United States. Commerce Court
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S. B. Fouts and T. W. Bakewell, for appellant H. A. Toulmin, for appellee. Before LURTON, SEVERENS, and RICHARDS, Circuit Judges. PER CURIAM. This cause is afHrmed upon the opinion of the court below. 8TBEL PBOTBGTED CONGKETE GO. et al. T. OENTBAL IMPBOVB- MENT & CX)NTRACTING CO. (Circuit Court, B. D. Louisiana. June 14, 1907.) No. 13374. L Patbrts— AimciPATiON— CoBNKB Bab tob Conobetb Cubbiko. The Walnwright patents, Nos. 428,432, 614,587, and 727,233, all for improvements in the construction ...of concrete curbing, are void as to the metal comer bar shown therein for protecting the upper and outer comer of the curb, which is mentioned in the first, (md shown in the drawings, and forms the subject-matter of the two later patents; the general idea of such a protecting bar having been shown in a patent granted to Coig- net in 1869, and none of the Walnwright patents disclosing any patentable Improvements thereon. 2. Samb— Suit tob lNFBiNGEiaENi>— EsrroppEL. Quaere^ whether a defendant sued for Infringement of a patent who as- serts the validity of a Junior patent which is clearly a copy of complaha- ants' is not estopped to deny the vaUdity of the latter.
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