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BYERS MACH. CO. v. KEYSTONE DRILLER CO.

No. 5433.

44 F.2d 283 (1930)

BYERS MACH. CO. et al. v. KEYSTONE DRILLER CO.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1930.

Attorney(s) appearing for the Case

H. B. Fay, of Cleveland, Ohio (Fay, Oberlin & Fay and Harold B. Hood, all of Cleveland, Ohio, on the brief), for appellants.

F. O. Richey, of Cleveland, Ohio (Philip E. Siggers, of Washington, D. C., and Richey & Watts, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON and HICKS, Circuit Judges, and SIMONS, District Judge.

SIMONS, District Judge.

This case involves alleged infringement of a ditching or excavating machine manufactured by the plaintiff and claimed to be protected by four patents, the patent to Clutter, No. 1,317,431, the patent to Wagner, No. 1,476,121, the patent to R. R. Downie, No. 1,511,114, and the second Downie patent, No. 1,543,250. Substantially all of the claims of the patents in suit are challenged on the ground of invalidity because of anticipation or lack...

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