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MYERS v. UNITED STATES

No. C-700.

25 F.Supp. 500 (1938)

MYERS v. UNITED STATES.

Court of Claims.

December 5, 1938.

Attorney(s) appearing for the Case

Max D. Ordmann, of New York City (Edward Raff, of New York City, on the brief), for plaintiff.

Thomas B. Booth, of New York City, and Sam E. Whitaker, Asst. Atty. Gen. (J. F. Mothershead, of Washington, D. C., on the brief), for the United States.

Before BOOTH, Chief Justice, and GREEN, LITTLETON, WILLIAMS, and WHALEY, Judges.

BOOTH, Chief Justice.

The plaintiff alleges that the defendant infringed his patent No. 1226985 granted May 22, 1917, for a Flying Machine. In both the briefs and oral argument the contention is made that plaintiff's patent is a basic one and plaintiff a pioneer inventor. Finding 5 discloses the claims at issue. Ten are relied upon by plaintiff.

Finding 4 depicts in accurate terms, and also discloses by illustrations, plaintiff's conception of a flying machine...

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