Elvin Mechanical Stoker Co. v. Locomotive Stoker Co.

BUFFINGTON, Circuit Judge.

In the court below the Locomotive Stoker Company filed a bill against the Elvin Mechanical Stoker *310Company, charging it with infringing certain claims of two patents owned by it, viz. claims 1 and 2 of patent No. 1,130,443, granted March 2, 1915; to Street, for a mechanical stoker, and claims 1, 3, 5, 8, 9, and 10 of patent No. 1,082,419, granted December 23, 1913, to *Gee, for a stoker. On final hearing the court below, in an opinion reported at 281 Fed. 195, held the defendant did not infringe the Gee patent, whereupon the plaintiff took an appeal. In the same…