Leishman

This is an appeal from a judgment holding claims 7 to 11 inclusive of appellant’s reissue patent No. 20,827, to be invalid.

The appellee General Motors Corporation, as plaintiff, filed its complaint against defendant, appellant Leishman, seeking a declaratory judgment that such claims of appellant’s patent were invalid and not infringed by the automatic radio tuning devices manufactured by the appellee. The defendant put in issue the allegations of the complaint and by counterclaim asserted that said claims of such patent were valid and infringed by appellee’s tuners. He asked for an accounting and an injunction.

The trial court 'found that the claims of appellant’s patent were invalid because of anticipation and lack of invention, and a judgment to that effect was accordingly entered.

The subject matter of the suit pertains to automatic tuning devices for radio receivers, devices by which a radio receiver may be tuned to> particular stations by simply pressing a lever or pushing a button.

Appellant’s patent has been fully described in the reports of other decisions of this and other courts which have dealt with the question of the validity or of the infringement of this same…