Barnhart

The cross-appellant and appellee, hereinafter called the appellee, filed a bill in equity for the alleged infringement of letters patent No. 1,639,547, to be referred to hereafter as the first patent and No. 1,639,-548, designated herein as the second patent. Both patents were issued to the appellee on August 16, 1927.

The patents deal with alleged inventions in golf clubs, particularly with the manner of attaching a tapered hollow steel shaft to the head of the club.

The appellee is not in the business of manufacturing or selling golf clubs. The cross-appellee and appellant, to be referred to herein as the appellant, is one of the largest manufacturers and distributors of golf clubs and other sporting goods in the United States.

The suit was referred to a special master, with instructions “to take and hear the evidence offered by the respective parties and to make his conclusions as to the facts in issue and recommend the judgment to be entered thereon.” The appellant excepted to the order of reference.

The master found that both patents are valid; that claims 11 and 12 of the first patent and claim 10 of the second have been infringed by the appellant by the sale of a type…