Bray

Bray v. Hofco Pump, Ltd.

Good Law
93 F.2d 804·36 U.S.P.Q. (BNA) 161·1938 U.S. App. LEXIS 3669
United States Court of Appeals for the Ninth CircuitJanuary 10, 1938No. 8171California2,607 words

Opinion

Lead Opinion

Wilbur, J.

This is an appeal from a final decree of the District Court in a suit brought by appellants for infringement of letters patent No. 1,840,432 issued January 12, 1932, to appellant Bray. The court held that claim 1 of the patent was void; that claims 2 and 3 of the patent were valid but limited in scope and not infringed by the appellees. The alleged invention disclosed by the .patent is for an oil well pump.

The record on appeal is voluminous. The transcript contains 417 pages, the book of exhibits 180 pages, and the briefs 354 pages. There are numerous drawings in addition to those contained in the book of exhibits, and physical exhibits consisting of the patented device and the infringing device. Notwithstanding the size of the record, the question of infringement depends upon whether or not a loose bushing in the appellees’ device, having an inner diameter of %" more than the diameter of the pump stem upon which it reciprocates, is the equivalent of the bushing of the patent which fits snugly upon the pump stem and has eight cylindrical apertures %6" in diameter, so arranged that the centers are upon the circumference of a circle drawn halfway between the pump stem and the…

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