Casey
Casey v. Bennett
Opinion
Lead Opinion
McCormick, J.
Suit in equity to restrain infringement of patent, serial No. 1,445,754, granted to Henry J. Casey on February 20, 1923-. Casey, the patentee, and the Trailmobile Company, a corporation of Cincinnati, Ohio, the exclusive licensee within the United ’States, are plaintiffs, and the. Utility Trailer Sales Company, a copartnership, and the Utility Trailer Manufacturing Company, a corporation, are defendants. The defenses asserted are lack of invention, ’ no infringement, and anticipation.
The specific provisions of the Casey patent, which it is alleged are infringed by defendants, are claims 1 and 3’ of said patent. . Claim 1 is as follows:
“1. In a road tractor,’ the combination with a wheeled tractor portion provided with a driving axle and guiding wheels, and a trailer provided with rearmost wheels, of flexible twofold means of connection between said two portions, one part of said connection being applied above and in front of the driving axle, and the other part of said connection being applied in the rear of and below the driving axle, with the resultant effect specified of keeping the guiding wheels always at normal engagement with the ground.”
And claim 3 reads thus:
, The…