Baker

This is an action in equity alleging the infringement by the appellee of six claims of the letters patent No. 1,774,552 granted to J. T. Phipps September 2, 1930, for an earth-boring drill and “particularly directed to a drill of the rotary type having provisions for taking a core of the formation drilled through.” Among other defenses the appellee alleged prior use. The court sustained this defense, holding that there had been a public use and sale of the invention more than two years prior to the application for the patent. The situation disclosed by the pleadings, ■ answers to interrogatories, and evidence is decidedly 'unique. It seems that the inventor made his invention in the latter part of the year 1923; that patterns of the drill he had invented were made and exhibited to a manufacturer who produced a drill; an assignment of an interest in the invention was made to the Superior Core Drilling Company a trust; the patent was applied for January 8, 1924; some of the claims of the patent were allowed but the patent was not issued; and on July 27,'1927, a renewal of the application was made, more than two years having expired’ since the original ap *659 plication. The…