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

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

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

Opinion of the Court

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.

Reference

Full Case Name
PANAY HORIZONTAL SHOW JAR COMPANY v. D. C. JENKINS GLASS COMPANY
Status
Published