Flakice Corp. v. Liquid Freeze Corp.

This is a patent case involving machines for the production of arched shaped ice wafers. These wafers are produced by freezing a thin sheet of ice-on a rigid rotating cylindrical drum. The cylindrical shape of the freezing-surface produces the arched shape provided the ice can be removed without, splintering or scraping it off. If the-bond which holds the ice sheet to the-drum can be broken before the ice is-broken into splinters the ice comes off im wafers. It is the method of removing; *473 the ice from the drum which is important Rere.

Plaintiffs assert infringement of two patents — Short patent 2,310,468, dated February 9, 1943 and Raver patent 2,-308,541, dated January 19,. 1943. Both -the Short and Raver patents are owned by the Flakice- Corporation and licensed to the York Corporation. The defendant manufactures and sells under a license of the Lees-Lessard patent No. 2,585,020, ■dated February Í2, 1952.

In addition to pleading non-infringement the defendant alleges that the patents are invalid. They assert (a) that the patents are not a step beyond the prior art which achieves the dignity of invention; (b) prior use; and (c) that the claims are invalid.as-stating a…