Bradley

In issue here is the validity and infringement of United States Patent No. 2,477,168, for a machine used in the fish canning industry for automatically eviscerating Monterey sardines. The patent was issued to appellee Thomas H. Bradley on July 26, 1949.

Bradley brought this suit against Oxnard Canners, Inc. (Oxnard) and James L. Smith for alleged infringement. The district court for the Northern District of California, Southern Division, on a jury verdict, adjudged Claim 1 (the only claim in issue in the trial court and here) of the Bradley patent valid and infringed, and that appellee recover from appellant Oxnard $280.59 and from appellant Smith $10.00.

Claim 1 reads as follows: “1. Apparatus of the character described comprising a vessel adapted to hold a vacuum and having a suction port, a continuous fish conveyor having uniformly spaced fish holding means and so disposed as to convey fish to and past a suction station in alignment with said suction port, a rotatable disc valve disposed ■between said suction station and suction port and having a plurality of uniformly ■and circumferentially spaced valve ports so disposed as to register with said suction port, means for…