Ernst

The plaintiff-appellant alleged that a patent upon fruit or vegetable sacking device and a sack jigger was being infringed by defendants-appellees. The device may loosely be termed a semi-automatic machine in which a plurality of sacks is placed open and as fruit or vegetables are chuted into the sacks the latter are “jiggled” or shaken down. The defendants denied (briefly stated) in their answer that the patent or reissue patent was duly or legally, issued or that the subject matter thereof involved any “invention”, and alleged that the original patent was void as the prior art shows the alleged invention old and covered by prior patents, that the patent involved mere exercise of ordinary mechanical skill and judgment, that the alleged invention is not described “in such full, clear, concise or exact terms” as. required by law, that there are intervening rights and that there is no infringement. The court caused the complaint to be dismissed after arriving at the following Conclusions of Law:,

“2. That Claim 1 of the patent in suit, No. 2,288,159, is required to be narrowly construed and thus construed is valid.

“3. That Claim 1 of the patent in suit, Reissue 22,740, is…