Oneal

This is an appeal by the plaintiff from a decree in his favor for damages or profits for infringement of letters patent. A description of the patented device will be found in the opinion of this court on the former appeal. San Jose Canning Co. v. Oneal, 10 F.(2d) 100 .

For the packing season of 1922, which began about July 1, the appellee paid to the appellant a royalty of $500 for the privilege of using the patented device in question. In July of that year an employee of the appellee made a device to facilitate the packing of beans by hand. The device consisted of a block of wood about four inches long and three inches wide, with upturned pieces of iron at either end, forming projecting arms, within which a bunch of string beans could be placed on the block until trimmed with a knife. The projecting arms gauged the quantity of beans to be packed in the can and held them in place until the ends were trimmed off. At that time some half dozen cans were packed in this manner, as an experiment only, and no further use was made of the device until 1925. During the packing seasons of 1923 and 1924 the appellee refused to pay the royalties demanded by the appellant and packed beans by…