Grayson Heat Control v. Los Angeles Gas Appliance Co.

This was an action by appellant against appellee for infringement of claims 20 and 22 of patent No. 1,699,468 and claim 10 of patent No. 1,957,774. Defenses pleaded by appellee were that the claims were invalid for lack of novelty and for lack of invention, and that, if valid, they were not infringed. The court below held the claims invalid and dismissed the action. D.C., 40 F.Supp. 928 . Appellant seeks reversal.

Patent No. 1,699,468.

Patent No. 1,699,468 was applied for by John H. Grayson (appellant’s assignor) on January 3, 1928, and was issued on January 15, 1929. The specification states: “This invention relates to thermostats 1 generally, but has particular reference to those *479 especially adapted to the requirements of water heaters, oven regulators and allied devices, and, still more particularly, gas operated devices of that type.” A thermostat embodying the claimed invention is described in the specification and illustrated in Figs. 1-3 of the patent drawing, here produced.

The thermostat thus described and illustrated is one designed to control the flow of gas to the burner of a water heater. It comprises:

1. A valve body 9 having a neck 8 threaded into a bushing…