Tomlinson Fort JOHNSON, Jr., Appellant, v. DUQUESNE LIGHT COMPANY, Doble Engineering Company, and Frank C. Doble, Appellees

Tomlinson Fort JOHNSON, Jr., Appellant, v. DUQUESNE LIGHT COMPANY, Doble Engineering Company, and Frank C. Doble, Appellees. Circuit Court of Appeals, Third Circuit. September 19, 1929. No. 4016. For opinion below, see 29 F. (2d) 784. Philip E. Siggers and Alva D. Adams, both of Washington, D. C. (Marshall A. Christy and Christy, Christy & Wharton, all of Pittsburgh, Pa., and Siggers & Adams, of Washington, D. C., of counsel), for appellant. Reed, Smith, Shaw & MeClay and Byrnes, Stebbins & Parmelee, all of Pittsburgh, Pa. (Geo. E. Stebbins, Lester G. Budlong and C. P. Byrnes, all of Pittsburgh, Pa., of counsel), for appellee. Before WOOLLEY and DAVIS, Circuit Judges, and RELLSTAB, District Judge. [MAJORITY — PER CURIAM.] PER CURIAM. This suit was brought for the infringement of United States letters patent No. 1,366,078, issued to Tomlinson Fort Johnson, Jr., January 18, 1921,,for a "new and useful method of locating faulty Buspension-insulators on live-wire transmission-lines.” The defenses are invalidity and noninfringement of the patent. Claims 6 and; 8 to 31, inclusive, are in issue. The learned District Judge dismissed the bill on the grounds that: (1) The patent does not set forth a patentable invention; (2) it was anticipated; and (3) the defendant does notinfringe. The decree is affirmed, on the opinion of the District Court.