Hauser

Hauser v. Simplex Window Co.

Good Law
10 F.2d 457·1926 U.S. App. LEXIS 2223
United States Court of Appeals for the Ninth CircuitFebruary 1, 1926No. 4687California2,115 words

Opinion

Lead Opinion

Hunt, J.

This is an appeal by Hauser from an interlocutory decree sustaining letters patent No. 1,256,839, issued February 19, 1918, to A. C. Soule, and finding infringement of claims 1 and 8. Defendant pleaded noninfringement and invalidity of the patent.

The patent relates to the mounting and control of casement windows in which the sash is mounted on vertical pivots adjacent to one edge thereof and slidably guided on the sill at the bottom of the casement and in the overhead lintel at the top; the inner edges of the sash abutting the usual stops in the window frame to make a weather-tight joint around the sash. The inventor states the objects of his invention to be: The production of a mounting simple in construction, easily installed, weather proof, and that will not accumulate moisture and snow in its working parts liable to freeze and interfere with proper functioning of the various parts.

Hauser, appellant, manufactures a easement window constructed under letters patent No. 1,282,826, issued to him October 29, 1918. Hauser specified his invention as relating to that class of windows in which means are provided for' securing a window sash in a window frame so that it can be swung…

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