Simmons Mfg. Co. v. Kinney, Rodier Co.

SANBORN, District Judge.

Bill for infringement of patent No. 639,223, to John F. Gail, dated December 19, 1899, and assigned to complainant. Since this patent was held narrowly valid in Simmons Mfg. Co. v. Southern Spring Bed Co. (C. C.) 131 Fed. 278, affirmed 140 Fed. 606, 72 C. C. A. 174, it has been found (in this case) that an additional defense exists in the shape of the Tinkham patent application. Mr. Gail testifies that Tinkham approached one step nearer to the patent construction than any of the other inventors.

Gail’s device is a most worthy one. It combines just the elements essential…