R. A. Henderson v. A.C. Spark Plug Division of General Motors Corporation, R. A. Henderson v. Ford Motor Company

Before us are two in forma pauperis appeals from summary judgments entered in the district court dismissing with prejudice two amended complaints of plaintiff alleging patent infringement by each of two defendants of plaintiff’s U. S. Patent No. 3,088,447, entitled “Control for _ Automotive Exhaust Air Pollution”.

While there is much in the briefs about infringement and patentability, there are but two issues before us: (1) Was Claim 6 of the Henderson Patent No. 3,088,447 anticipated by prior art, i. e., the Hanks Patent No. 2,354,-373 ? (2) Was there public use and sale more than one year prior to December 5, 1961? We affirm on a positive answer to each question.

I

The trial court made specific findings on- the issue: “Positive crankcase ventilation systems” for internal combustion engines for automobiles have “long been known” in the trade. (C.T. p. 14, Finding III.) The “usual” components were found to be: “a hose or a pipe, a flow control valve, appropriate connectors and an adapter plate for insertion between the carburetor and the intake manifold of the engine.” (C.T. p. 14, Finding IV.) The patent in suit adds: (a) an adjustable needle valve at the intake manifold, and…