Kugelman

This was an action by appellant against appellee for infringement of claims 13, 14 and 15 of patent No. 2,042,407. Defenses pleaded by appellee were that the claims were invalid, and that, if valid, they were not infringed. The court below held the claims invalid and dismissed the action. Appellant seeks reversal.

The patent was applied for by appellant on August 13, 1931, and was issued to him on May 26, 1936. It relates to devices for cleaning drains and other conduits. Such devices are called drain cleaners, plumber’s snake tools, pipe-cleaning tools, pipe-opening machines and various other names. Claims 13, 14 and 15 read as follows:

“13. A plumber’s snake tool comprising a flexible member adapted to be advanced into a conduit to be cleared and to be worked therein in conduit-clearing action, a circular member-housing sheath having a substantially central guide aperture on its side aperture centrally inward of the periphery thereof and through which said member may be withdrawn for advance into a conduit and through which aperture said member may be returned to the interi- or of the sheath angularly to be automatically coiled in normally housed condition in the sheath and…