Commercial Shearing & Stamping Co. v. Youngstown Steel Car Corp.

HICKS, Circuit Judge.

Suit by the Commercial Shearing & Stamping Company, appellant, against the Youngstown Steel Car Corporation, appellee, for infringement of claim 1 of letters patent No. 1,757,813, May 6, 1930, to Robert V. Proctor and Harry M. Schaab for a “tunnel liner”; and of claim 3 of letters patent No. 1,778,606, October 14, 1930, to Robert V. Proctor for a “metallic structure.” Both patents were assigned to appellant.

The defenses were: Noninfringement, noninvention, anticipation, and estoppel. The court ruled that there was no infringement of either claim. Each patent related to…