Waxham

This suit was brought by Samuel B. Smith, patentee, and the Buckeye Incubator Company, a licensee, under patent No. 1,262,869, issued April 16, 1918, for an incubator, against Herbert H. Waxham, for the infringement of said patent by the use of an incubator known as Robbins No. 23 incubator purporting to be manufactured under and pursuant to patent No. 1,728,989, issued September 24, 1929', to J. L. Robbins. The matter was referred to a special master, who reported that the Smith patent was valid and was infringed. This decision was affirmed by the District Court, and defendant appeals from the decree. Samuel B. Smith and the Buckeye Incubator Company also appeal from that portion of the decree which held that the defendant .did not infringe claim No. 2 of the patent. The Smith patent has been so frequently before the courts and so often described in the numerous opinions filed that we will curtail our description so far as possible.

The claim of the appellees is that the Smith patent and method have completely revolutionized the art of hatching eggs in incubators. In support of that contention they point out that since the patent was issued more than $29,000,909 worth of…