Heyl & Patterson, Incorporated, and Cross-Appellee v. McDowell Company, Incorporated, and Norfolk and Western Railway Company, and Cross-Appellants

J. SPENCER BELL, Circuit Judge.

The instant action involves a claim of patent infringement; the defenses raised are non-infringement and invalidity of the patent. A cross claim for a declaratory judgment of the patent’s invalidity is asserted.

The handling of frangible bulk material, in the instant action the delivery of coal from shoreside to a ship’s hold, has proved difficult where it was necessary to prevent breakage. For certain uses, it is helpful for coal lumps to be of a specific and uniform size. Coal of this type is known as “prepared coal” and is more valuable for certain commercial…