Timken-Detroit Axle Co. v. Eaton Axle & Spring Co.

JONES, District Judge.

It is well understood that the master’s report is advisory, under the terms of the reference. The conclusions reached are those of the court.

The defendant’s exceptions are largely directed to the master’s finding that the second .patent application was a continuing application in relation to the first, and to the findings and conclusions of the master as to the validity of the patent in suit over the prior art. Exceptions, of course, are taken as well to the finding of infringement.

The first mentioned phase of the matter is not wholly free from difficulties. The rule…