Patent Royalties Corp. v. Land Olakes Creameries Inc‪.‬

This is an appeal from a decree for the defendant in the usual suit in equity upon patent No. 1,429,207. In the court below the claims in suit were Nos. 1, 3, 4, 8, 9 and 10, but claim 10 has been abandoned on appeal. The patent was before Judge Augustus N. Hand in Holed-Tite Packing, Inc., v. Mapes (D.C.) 11 F.2d 787, when he held it valid and infringed; the defendant did not appeal. In the case at bar the district judge followed his ruling as to validity, but thought that the defendants did not infringe. On this appeal they argue that the claims do not cover their article, but that if they can be so construed, they are invalid. The patent was originally applied for on April 15, 1922; the application then including not only the patent in suit, but a "pulp-sucking" machine to make it. This application was divided out on July 17, 1922, and the patent issued September twelfth of the same year. The patent for the machine did not issue until March 6, 1928.