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B. F. GOODRICH RUBBER CO. v. GATES RUBBER CO.

No. 521.

54 F.2d 580 (1931)

B. F. GOODRICH RUBBER CO. v. GATES RUBBER CO.

Circuit Court of Appeals, Tenth Circuit.

December 16, 1931.

Attorney(s) appearing for the Case

Merrell E. Clark, of New York City (Fish, Richardson & Neave, of New York City, Dines, Dines & Holme, of Denver, Colo., and W. D. Eakin, of Akron, Ohio, on the brief), for appellant.

A. J. O'Brien, of Denver, Colo. (Wilbur F. Denious, of Denver, Colo., on the brief), for appellee.

Before COTTERAL and PHILLIPS, Circuit Judges, and POLLOCK, District Judge.

PHILLIPS, Circuit Judge.

This is a patent infringement suit brought by the Gates Rubber Company against the B. F. Goodrich Rubber Company. The patent in suit is for improvements in an endless belt. It was applied for by Charles C. Gates on March 18, 1919, and issued on December 20, 1921. It was thereafter assigned to plaintiff.

The trial court held that claims 1, 2, 3, 4, 5, 6, and 8 of the patent are valid, and that claims 1, 2, 3, 6, and 8 had been infringed...

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