Parker

' Plaintiffs brought suit against the Pacific Box Corporation as user of a bundle tying machine, hereinafter designated as the Eby machine, built according to the teaching of Dunn and Eldridge, alleging infringement of claims 43, 44, 45, 46, 47, 48, 49, 52, 55, 60, 67, 75, and 76, of patent No. 1,875,259, and of claims 7, 12, 13, 65, 66, 69, 70, 76, 85, 86, and 87, of patent No. 1,875,260, both issued to Parker on August 30, 1932. Eby Manufacturing Company, manufacturer of the Eby machine, intervened and defended the action. The original defendant and the intervener will be designated hereinafter as defendants.

The first patent covers a machine with duplex revolving arms for the purpose of carrying two wires around a bundle simultaneously and tying both of the. same. One machine, it is claimed, was built under this patent, but the device never came into commercial use. Defendants contend that it is similar to, and follows the teaching of Thompson, No. 1,152,670, issued September 7, 1915. It utilizes a so-called swinging arm for winding the binding material about the package.

The second patent makes use of a ring gear for winding, and is alleged by defendants to follow the…