Glaudel
Glaudel v. Hiatt
Opinion
Lead Opinion
Ross, J.
We do not find it necessary to decide the question raised regarding the validity of the appellants’ patent for the reason that, assuming it to be \ • : valid, it does not appear that the appellee in any way infringed it. The record contains none of the evidence given in the trial court other than a stipulation by the respective parties to the effect that the appellant < has' received certain specified royalties for the use of his device. The patent sued on is a reissue, under date, August 22, 1922; the original having been issued July 13, 1920. It was for a wind-shield attachment for automobiles providing a clamping arrangement whereby an auxiliary wind-shield is attached to the main wind-shield, extending outwardly from either side of it. As shown in the drawings of the patent and in the model presented by stipulation of the parties, a vertical bracked 7 is fastened to a main wind-shield frame 6. At the extremities of the bracket 7 two arms 13 extend at right angles therefrom. Each arm 13 engages a plate of glass 12 and extends beyond one edge thereof. A clamping bar 15 is pivoted to the outer end of the arm 13 and is disposed on the other side of the glass plate 12 opposite the…