[284 U.S. 52, 53] Messrs. Drury W. Cooper and Allan C. Bakewell, both of New York City, for petitioner.
Messrs. Charles L. Byron and George L. Wilkinson, both of Chicago, Ill., for respondent.
Mr. Justice BRANDEIS delivered the opinion of the court.
The Permutit Company is the owner of Gans patent No. 1,195,923, for an apparatus for softening water, applied for August 5, 1911, and granted August 22, 1916. It brought, on February 23, 1928, this suit in the federal court for northern Illinois, against Graver Corporation to enjoin infringement of claims 1 and 5. The defendant denied both the validity of the patent and the infringement. The District Court held both claims invalid, 37 F.(2d) 385. The Circuit Court of Appeals for the Seventh Circuit affirmed that decision; and also held that the [284 U.S. 52, 54] defendant's 'presently used structures' do not infringe calim 5, 43 F.(2d) 898. Certiorari was granted ( 283 U.S. 812 , 51 S. Ct. 345), because of conflict with earlier decisions in other circuits.