Pedersen
Pedersen v. Dundon
Opinion
lead Opinion
Gilbert, J.
(after stating the facts as above). The appellant’s combination differs from that which is described in the patent, in that the crossbars by- means of which he applies external pressure to the door to hold it in place and make a tight joint do not combine with that function the function of hinges, but separate hinges are used, and the detachable crossbars were inserted in lugs on either side of the door frames.
The single element in the appellee’s combination which is not found in prior combinations of the same kind is the compensating link at the top of the door, which resists the tendency of the door to sag upon its pivots and gives it a steady movement while it is being opened and closed. All the other elements are found in the patent to the ap-pellee of date January 7, 1890, letters patent No. 418,867. So, also, the crossbars, which are employed by the appellant, are old, they having been described in the patent to R. D. Dixon, letters patent No. 439,125, issued October 28, 1890, and, had the appellant omitted the compensating link, there could be no question but that he would have avoided infringement. But the appellant has used everything which is found in the appellee’s…