C. O. Tingley & Co. v. Badger Rubber Works

ALSCHULER, Circuit Judge.

Following our opinion in this cause remanding it to the District Court for hearing upon its merits [26 F.(2d) 159], it was there heard, and the bill was dismissed for want of equity.

The device of the patent was sufficiently described in our opinion on the former appeal. The record sufficiently shows a prior art and practice, in the light of which there was no patentable advance in applying to tire flaps markings which indicated where the flap should be cut and perforations made to fit the flap for application to a given size. There was notably the Walker patent, No.…