Goodman

(concurring and dissenting.)

I concur in all the conclusions reached by the majority except the first which *483 holds Claims 1 and 13 of patent No. 1,662,-'035 valid.

Claim 1 covers a combination consisting of the following elements: (1) a mold consisting of two hollow sections; (2) means for clamping them together; (3) means for engaging and pressing together the side walls of the tire; and (4) means for circulating steam through the hollow portions of the mold. I think this claim was anticipated by the Doughty patent, No. 1,101,732. There are minor differences in form: the mold is made in one section instead of two; the side rings contain an outward projection which, when pressed toward each other, would rest against the mold preventing further movement and would therefore have to be eliminated; and the side rings are pressed together by hydraulic means, instead of by means of a lever, fulcrum and screw. To make a mold in two sections (instead of one), cut off a projection on a ring, and exert pressure on the rings by means of a lever, fulcrum and screw .(instead of by hydraulic means), I think would not constitute invention. Such changes would be minor, and, I believe, would…

This is an appeal from an interlocutory decree of the District Court in a suit for patent infringement holding claims 1, 12 and 13 of patent No. 1,662,035, granted March 6, 1928 to Frank L. Smith and others, claim 4 of patent No. 1,710,804, granted April 30, 1929 to the same patentees, and claims 1 and 2 of patent No. 1,-760,944, granted June 3, 1930 to E. A. Glynn, valid and infringed by appellant.

The claims of the patents alleged to be infringed are combination claims for fire retreading molds for use in the retreading of worn automobile tires. In the process of retreading a tire, the remaining portion of the old 'tread is first cleaned off, the surface roughened, and then a strip of uncured rubber tapered off on the edges, called a “camel back”, is cemented on the tread area of the tire. The tire is then placed in a tire retreading mold and heat and pressure are applied to vulcanize the camel back. This process requires a tire mold containing a matrix with the pattern necessary to give a nonskid surface, and some method of forcing the tire into the matrix under pressure, and for retaining the tread in place until vulcanized by the application of heat. The method employed by…