Athey Truss Wheel Co. v. Moore & Moore, Inc.

WOOLLEY, Circuit Judge.

The plaintiff, assignor of two letters patent to Isaac H. Athey, charged the defendant with infringement of claims 8, 9, 10, 11, 12, 13, 21 and 22 of the first patent (No. 1,435,788) and claims 3, 8, 9, 10 and 11 of the second patent (No. 1,623,457) for inventions in traction vehicles and traction mechanism. The trial court having found the first patent not infringed and the second invalid dismissed the bill. 32 F.(2d) 781. This appeal followed.

First Patent.

The invention relates to a chain traction device differing from the familiar caterpillar type in that the power…