Nungesser Electric Battery Co. v. National Carbon Co.

Sixth Circuit

Nungesser Electric Battery Co. v. National Carbon Co.

160 F. 1022, 1908 U.S. App. LEXIS 4300

Court of Appeals for the Sixth Circuit·Decided May 29, 1908·No. No. 1,768·Published

Opinion

RICHARDS, Circuit Judge.

This is a suit which involves the alleged infringement of patent No. 641,546 for a battery filler. The defendant, who held patent No. 809,526, for a machine for filling dry batteries attacked the validity of the patent and denied any infringement. The court below reached the conclusion that the complainant’s patent was not anticipated and was valid, and, after a careful opinion, in which the details of the two patents were compared, held there was infringement. It is unnecessary to recount the reasons given by the lower court. We content ourselves with affirming its decree on the authority of its opinion, which appears in the record.

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RICHARDS, Circuit Judge.

This is a suit which involves the alleged infringement of patent No. 641,546 for a battery filler. The defendant, who held patent No. 809,526, for a machine for filling dry batteries attacked the validity of the patent and denied any infringement. The court below reached the conclusion that the complainant’s patent was not anticipated and was valid, and, after a careful opinion, in which the details of the two patents were compared, held there was infringement. It is unnecessary to recount the reasons given by the lower court. We content ourselves with affirming its decree on the authority of its opinion, which appears in the record.

Nungesser Electric Battery Co. v. National Carbon Co., 160 F. 1022, 1908 U.S. App. LEXIS 4300 (6th Cir. 1908).

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