Moss

Letters Patent No. 2,190,880 were issued to appellee Perry M. Moss on February 20, 1940, after application filed January 21, 1938. Patentee thereafter filed suit against Patterson-Ballagh Corporation alleging infringement and asking damages. The trial court in an able and exhaustive opinion, D. C.S.D.Cal.1950, 89 F.Supp. 619, 620 , held claims 2 and 7 of the patent in suit valid and claim 2 infringed by certain devices manufactured and sold by appellants. We detail here merely those facts and circumstances deemed necessary to clarify certain observations we desire to make to supplement the opinion of the trial court. We accept in the main the reasoning of that court. Its opinion contains a detailed description of the device in question, the events giving rise to the present controversy, and the contentions of the respective parties. To the opinion of the trial court we refer those who may be interested in the factual situation beyond that recited in this opinion.

The patentee and original plaintiff, Perry M. Moss, assigned the patent, together with the right to recover for past infringement, to Phoebe E. Moss, his wife, prior to the trial. Subsequent to the filing of the action,…