Harvey

Harvey v. Wrightsman

Good Law
48 F.2d 845·1931 U.S. Dist. LEXIS 1258
United States District Court, Southern District of CaliforniaMarch 31, 1931California1,661 words

Opinion

Lead Opinion

McCokmick, J.

This is a suit in equity for infringement of United States letters patent No. 1,552,332, granted September 1, 1925, to Chester D. Miller and Leo M. Harvey, on an application filed September 2, 1924, for air deflector. The plaintiff has regularly succeeded to all the rights of the patentees and is the sole owner of the patent and of the invention claimed therein. The principle defenses asserted by defendant and relied upon at the trial and in the briefs are: First, no invention; and, second, noninfringement. The subject-matter of the patent in suit is concerned with air deflectors for mounting on the doors of an automobile of the closed type. The construction of such air deflectors, as disclosed in the teachings of the patent in suit, is such that it acts as a valve so that the driver or other occupant of the car can adjust this valve to control the degree of ventilation for the interior of the ear or as winter weather conditions require, he can close' the valve entirely so as to shut out the air currents from the interior of the ear. The whole device is mounted on the outside of the door so that there is no interference with the opening or closing of the ear door as the air…

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