Chester N. Weaver, Inc. v. American Chain Co.

In the opinion just filed in this case, denying a motion for leave to file a bill in the nature of a bill of review, the facts are sufficiently stated to indicate generally the questions in controversy in this appeal. As the discussion of the issues proceeds, other relevant facts in evidence will be stated as required.

The appeal is by the defendant from a final decree in favor of the plaintiff, charging defendant with infringement of claims 1, 3, and 6 of letters patent No. 1,191,306 issued to Thomas A. Hoover on» July 18, 1916, on application filed January 24, 1912.

The patent was sold, assigned, and transferred by Hoover to plaintiff on July 1,1920, since which time the plaintiff has been and still is the owner and holder of the patent and all rights and privileges thereon.

In the ax^plication for the patent, the inventor declared that the invention related to improvements in bumpers for vehicles, particularly to bumpers used upon self-propelled vehicles such as automobiles; that an object of the invention was to provide an automobile bumper which would be simple in construction, comparatively cheap in manufacture, efficient and durable in use, and susceptible of ready…