Slawski

The report of the special master was filed on April 3, 1940. Objections thereto were filed by both plaintiff and defendants. Briefs in support of objections were carefully prepared and apparently covered fully the points of the respective parties.

The special master concluded:

(1) That this is an action arising under the patent laws of the United States over which this court has jurisdiction; (2) that title to Letters Patent No. Re. 18,223 is vested in the plaintiff; (3) that said Letters Patent and Claims 3, 4 and 5 thereof are good and valid; (4) that defendants have not infringed said Letters Patent.

Plaintiff in support of his objections to the report of the special master apparently contends, among other things, that he is entitled to a scope covering the movable pivot between the plate and the brace of defendants’ structure. In this he seems to the court to run into Hurst. Over Hurst he seems to have done nothing but confine one end of the movable brace in a slot. In this he seems to have an improvement of one element of a combination — with no new function or result. This brings the matter under the recent decisions of the United States Supreme Court in Lincoln…