IP
BROWNING et al. v. FUNKE
174 F. 151·United States Court of Appeals for the Second Circuit·1909
. Before LACOMBE, COXE, and WARD, Circuit Judges.
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Opinion
BROWNING et al. v. FUNKE.
(Circuit Court of Appeals, Second Circuit.
November 17, 1909.)
No. 40.
1. Patents (§ 328) — Infringement-—Magazine Firearm.
The Browning patent, No. 580.925, for a magazine firearm, claim 14, if conceded invention and validity, held not infringed.
[Ed. Note. — For other eases, see Patents, Dec. Dig. § 328.]
2. Patents (§ 328) — Intention.
The Browning patent, No. 730,870, for a magazine firearm, claims 37, 38, and 39, are void for lack of invention.
[Ed. Note. — Por other cases,'see Patents, Dee. Dig. § 32S.]
Appeal from the Circuit Court of the United States for the Southern District of New York.
Bill by John M. Browning and the Colt’s Patent Firearms Manufacturing Company against .Albert H. Funke to enjoin infringement of letters patent. Decree for defendants dismissing the bill (164 Fed. 197), and complainants appeal.
Affirmed.
Frederick P. Fish, and W. A. Redding, for appellants.
Grafton R. McGill (J. Nota McGill and Frederic D. McKenney, of counsel), for appellee.
. Before LACOMBE, COXE, and WARD, Circuit Judges.
For other cases see same topic & § number in Dec. & Am. Bigs. 1907 to date, & Rep’r Xndsxe»
[MAJORITY — PER CURIAM.]
PER CURIAM.
Decree affirmed, with costs, on opinion of Circuit Court.