Traylor Engineering & Mfg. Co. v. Worthington Pump & Machinery Co.

WOOLLEY, Circuit Judge.

This appeal is from a decree of tho District Court holding valid and infringed claims 1, 2, 5, 6, 7 and 13 of Letters Patent No. 960,231 issued to Niedermeyer & Bernhard and claims 2, 3, 6 and 7 of Letters Patent No. 1,145,967 to Bernhard & Sholl. The patents relate to gyrating rock-crushing machines; the first to the machine itself and the second to a device, to be used upon it, for lubricating certain of its moving parts.

Stone erushers of the gyratory type are standard machines. They take their name from the characteristic movement of a shaft or crushing means which,…