Jorgenson v. Hawkins

BOOTH, Circuit Judge.

Appellant, plaintiff below, owner by assignment of United States patent No. 1,123,180, which was issued December 29,1914, to James South Day for recoil pad for gunstocks, brought this suit for an injunction and damages for alleged infringement. The defenses set up in the answer were that Day was not the original inventor; noninfringement. The court at the trial rendered a decree dismissing the bill on the merits.

Claim 1 only of the patent is involved. It reads:

“1. A recoil pad for gunstocks comprising a hard rubber base plate adapted for engagement with the gunstoek, and…