Coe Manufacturing Co. v. Jeddeloh Bros. Sweed Mills, Inc.

Involved herein are appeals in a patent case concerning Parker Patent No. 2,-649,182 and Reissue thereof No. 24,638, which relate to an apparatus for the feeding of veneer to a multiple-deck conveyor-type veneer dryer. The district court had jurisdiction under 35 U.S.C. § 281 and 28 U.S.C. § 1338 (a); and jurisdiction in this court is found in 28 U.S.C. §§ 1291 and 1294(1).

The case began below when appellant filed a complaint charging appellees with infringement of the original Parker patent. Appellees answered denying in *456 fringement and alleged affirmatively invalidity of the Parker patent, including allegations of anticipation and lack of invention over certain prior art patents. Thereafter, appellant filed in the United States Patent Office application for reissue of the Parker patent and, on April 21, 1959, Parker Patent Re. 24,638 was reissued by the Patent Office. Promptly following this action by the Patent Office, appellant filed a supplemental complaint substituting the reissue for the original patent. Appellees answered the supplemental complaint, again denying infringement and, in addition, alleging affirmatively (a) anticipation, (b) that what Parker had done did…