Hug v. Lakewood Engineering Co.

PEB CUBIAM.

Infringement suit based on patent No. 1,421,237, issued to appellant June 27, 1922, on a subgrading machine. Claim 1 is quoted in the margin. Judge Westenhaver thoroughly considered the patent in connection with the prior art, and held that it was invalid for lack of invention. With this conclusion we agree. So much of his opinion as relates to that subject we adopt, as follows:

“Defendant is and has been since 1918, making a similar subgrading machine under United States letters patent No. 1,268,925, issued to É. G. Carr, June 11, 1918, on application filed March 7, 1917. In the…