National Rubber Machinery Co. v. McNeil Machine & Engineering Co.

HICKS, Circuit Judge.

Suit by National Rubber Machinery Company, appellant (herein called National), against the McNeil Machine and Engineering Company, appellee (herein called McNeil), for infringement of Claim 11 of Patent No. 2,169,146 issued August 3, 1939, to National, assignee of Iverson.

The purpose of the invention is to provide a simple, compact, powerful press unit for use in vulcanizing tires, inner tubes and other rubber articles. The claim calls for a “multiple press. * * * ”

In its answer McNeil denied infringement and set up the special defense that under a contract with National…