Chicago Pneumatic Tool Co. v. Cleveland Pneumatic Tool Co.

CROSS, District Judge.

The patent in suit, No. 537,629, has been before this court upon two prior occasions. In Boyer v. Keller Tool Company, 127 Fed. 130, 62 C. C. A. 244, its validity was sustained, but necessarily, in view of the prior art, upon very narrow grounds. It was distinguished from tlie prior British patent to Low, in but one respect, and that was in the location of the valve. This court then said, speaking of the position of the valve in the Low patent:

“It is not located, in our judgment, in the grasping portion of the handle, as is required by the claims in suit, but beyond it…