Payne Furnace & Supply Co. v. Williams-Wallace Co. , 117 F.2d 823 ( 1941 )

MATHEWS, Circuit Judge

(dissenting).

All claims of the patent are invalid for lack of novelty. The so-called disclaimer is such hi name only. Instead of disclaiming the whole or a part of one or more of the three combinations claimed in the patent, it describes and claims three new combinations. This the law does not permit. The judgment should be reversed and the case should be remanded for dismissal.