OVERMAN CUSHION TIRE CO. v. GOODYEAR TIRE & RUBBER CO.

No. 228.

40 F.2d 460 (1930)

OVERMAN CUSHION TIRE CO., Inc., v. GOODYEAR TIRE & RUBBER CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 7, 1930.


Attorney(s) appearing for the Case

Drury W. Cooper and E. D. Given, both of New York City, for appellant.

Archibald Cox and Robert W. Byerly, both of New York City, for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.


CHASE, Circuit Judge.

Since no appeal was taken by the plaintiff, we shall disregard reissue No. 13,626 and the claims of 1,092,078 which were not adjudicated. This patent, as granted March 31, 1914, was for an improvement in cushion tires designed for use on vehicles. It contained twelve claims. Of these only claims 6 and 10 were adjudicated. They were held valid and infringed, and read as follows:

"6. A new article of manufacture, a cushion tire which is...

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