Wood v. Boylan

STONE, Circuit Judge.

This is an appeal from a decree declaring infringement of a patent.

The patent in suit is No. 1,326,908, issued to Samuel H. Boylan on January 6, 1920. Appellant made a device in accordance with a patent No. 1,484,695, issued to Charles E. Wood on February 26,1924. The master narrowly confined the claims of the Boylan patent and, as thus construed, found no infringement of that patent. Upon review, the court heard further evidence and, somewhat broadening the construction of the Boylan patent, found infringement thereof.

Estoppel, pleaded in the answer, is waived here. The…