Northwest Engineering Corp. v. Keystone Driller Co.

(after stating the facts as above).

The defense to claim 4 of the Clutter patent is non-infringement. Claim 4 reads:

“In an excavating machine a pivoted boom, a scoop-carrying member pivotally connected therewith, a pulling member for elevating and lowering said boom, a pivotal means carried by the boom and connecting the pulling member therewith, and said scoop-carrying member, a scoop connected with the scoop-carrying member and projecting toward the boom, and a pulling member connected with said scoop.”

Non-infringement is asserted on the ground that none of the alleged infringing machines…