Page

Page v. Myers

Good Law
155 F.2d 57·69 U.S.P.Q. (BNA) 63·1946 U.S. App. LEXIS 3841
United States Court of Appeals for the Ninth CircuitMarch 27, 1946No. 11130California874 words

Opinion

Lead Opinion

Garrecht, J.

The parties to this appeal are: the ap-pellee, Henry Clay Myers, owner of U. S. Patent No. 2,090,874, which is hereinafter referred to as the Myers patent, and the appellants, A. S. Page and Ellen H. Page, copartners doing business as Page & Page Co., manufacturers and sellers of certain logging trailers which the lower court found to be infringements of the Myers Letters Patent.

The claims of the patent are four:

These patent claims were declared valid in- an earlier case, Myers v. Beall Pipe & Tank Corporation, D.C., 36 F.Supp. 752 , by the’ same lower court.

In the instant case, the District Court made findings, which have support in the evidence, that the art prior to the Myers patent, including U. S. Patent No. 2,001,-839, issued to De Bou on May 21, • 1935; Patent No. 1,338,546 issued to F. B. Allen on April 27, 1920; and No. 1,570,165 issued to I. J. Merrill on January 19, 1926; and the patent of the Republic of France No. 707,448 issued to Lagasche on July 8, 1931, did not cover any combination in a dual axle logging trailer of a transversely-extended frame, longitudinally-extending, pivotally mounted springs, pivotally mounted bolster or bunk, rub plates spaced a…

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