
    NUNGESSER ELECTRIC BATTERY CO. v. NATIONAL CARBON CO.
    (Circuit Court of Appeals, Sixth Circuit.
    May 29, 1908.)
    No. 1,768.
    Appeal from the Circuit Court of the United States for the Northern District of Ohio.
    For opinion below, see 159 Fed. 157.
    Charles B. Miller, for appellant. E. L. Thurston, for appellee.
    Before LURTON, SEVERENS, and RICHARDS, Circuit Judges.
   RICHARDS, Circuit Judge.

This is a suit which involves the alleged infringement of patent No. 641,546 for a battery filler. The defendant, who held patent No. 809,526, for a machine for filling dry batteries attacked the validity of the patent and denied any infringement. The court below reached the conclusion that the complainant’s patent was not anticipated and was valid, and, after a careful opinion, in which the details of the two patents were compared, held there was infringement. It is unnecessary to recount the reasons given by the lower court. We content ourselves with affirming its decree on the authority of its opinion, which appears in the record.  