Spencer

Conclusions of the Court.

These are consolidated suits in equity brought by the plaintiff, Spengler Core Drilling Company, a corporation, as assignee of the patent No. 997,358 issued by the United States Patent Office to Herman R. Ameling of Decatur, Ill., and dated July 11, 1911, to restrain alleged infringement by defendants E. A. Spencer, Jr., Elliott Core Drilling Company, a corporation, L. S. Copelin, and H. C. Smith, doing business under the name of Smith Machine Works and Elliott Core Drilling Company, a corporation, and for an accounting and damages. The defenses asserted are lack of invention, anticipation, and no infringement.

The patent in suit is for a prospecting drill, and, according to the language of the letters patent, “Herman R. Ameling invented a certain new and useful improvement in prospecting drills,” and “this invention relates to prospecting drills, and more particularly to core drills of the double-barrel type for use in boring through soft rock, coal, clay, etc.," and “my invention has for its principal objects to secure a perfect core; to provide for adjusting and interchanging the cutting bits to suit different conditions; to avoid the disadvantages…