Panay Horizontal Show Jar Co. v. D. C. Jenkins Glass Co.

Seventh Circuit

Panay Horizontal Show Jar Co. v. D. C. Jenkins Glass Co.

26 F.2d 1020, 1928 U.S. App. LEXIS 3856

CourtCourt of Appeals for the Seventh Circuit

DecidedMay 17, 1928

DocketNo. 3947

StatusPublished

This text of 26 F.2d 1020 (Panay Horizontal Show Jar Co. v. D. C. Jenkins Glass Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Panay Horizontal Show Jar Co. v. D. C. Jenkins Glass Co., 26 F.2d 1020, 1928 U.S. App. LEXIS 3856 (7th Cir. 1928).

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Opinion

PER CURIAM.

We are of opinion that the District Court properly dismissed the bill for want of equity, but, upon the record, are not sufficiently satisfied of the invalidity of the claims in issue to justify our approval of the finding in the decree to that effect. We believe the prior art disclosure of the Browning patent, No. 1,017,379,1912, so far limits the claims in issue that appellee’s device escapes infringement.

The decree will be modified, by striking out the finding of invalidity and inserting a finding of noninfringement of the claims, and, as so modified, it is affirmed.

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PER CURIAM.

We are of opinion that the District Court properly dismissed the bill for want of equity, but, upon the record, are not sufficiently satisfied of the invalidity of the claims in issue to justify our approval of the finding in the decree to that effect. We believe the prior art disclosure of the Browning patent, No. 1,017,379,1912, so far limits the claims in issue that appellee’s device escapes infringement.

The decree will be modified, by striking out the finding of invalidity and inserting a finding of noninfringement of the claims, and, as so modified, it is affirmed.

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Bluebook (online)

26 F.2d 1020, 1928 U.S. App. LEXIS 3856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panay-horizontal-show-jar-co-v-d-c-jenkins-glass-co-ca7-1928.