Cords

Cords v. Coil Mfg. Co.

Good Law
97 F.2d 68·38 U.S.P.Q. (BNA) 14·1938 U.S. App. LEXIS 3731
United States Court of Appeals for the Ninth CircuitMay 27, 1938No. 8554California626 words

Opinion

Lead Opinion

Mathews, J.

This appeal is from a decree dismissing the bill of complaint in a suit by appellant against appellees for infringement of patent No. 1,919,584, issued to and owned by appellant.

The patent was applied for on February 4, 1931, and was issued on July 25, 1933. As stated in his application, appellant’s claimed invention “relates to methods and apparatus for conveniently making packing rings 1 by hand from straight bands of metal.” The patent contains twelve claims. The bill does not state which claims were infringed, but the case was tried below and argued here upon the theory that claims 1, 3, 4, 5, 8, 10, 11 and 12 are the only ones involved. Claims 1, 3 and 4 read as follows :

Each of these claims describes an apparatus for bending a strip of metal into the form of a ring, meaning, we think, a single, individual ring. Appellees have not made, sold or used any such apparatus. Theirs is an apparatus for bending a strip of metal into a continuous spiral or coil of many convolutions. No such apparatus is described in any of the claims in suit.

Claim 5 reads: “In an apparatus for bending a strip of thin metal edgewise into the form of an annular ring, means forming a pass of…

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