Bramlett

Patent No. 2,028,838 was applied for by Iienry Kermin on June 3, 1935, was issued to him on January 28, 1936, and was assigned to appellee, National Unit Corporation, on March 18, 1937. On June 14, 1937, appellee brought infringement suits against (1) appellants Edward E„ Bramlett, Charles R. Bramlett, Gordon F. Llatcher and E. Dana Brooks and (2) appellants Julius Goldfarb, Meyer Gold-farb, V. R. James and E. G. Heiden. Defenses in each case were that the patent was invalid for lack of novelty, for lack of invention and for lack of utility, and *18 that, if valid, it was not infringed. From decrees in appellee’s favor, entered May 10, 1938, these appeals are prosecuted.

The patent is for an 'apparatus for storing and discharging mayonnaise and the like. The specification states: “The invention is particularly directed toward a container and dispensing means whereby a relatively viscous fluid or emulsion such as mayonnaise, may be dispensed in a sanitary manner and all of the contents of the container removed therefrom without exposing such contents to contaminating influences.” The patent contains eight claims. The bills of complaint do not state which claims were infringed, but…