MALL TOOL CO. v. QUAKER VIBRATORS

No. 9933.

29 F.Supp. 718 (1939)

MALL TOOL CO. v. QUAKER VIBRATORS, Inc., et al.

District Court, E. D. Pennsylvania.

July 27, 1939.


Attorney(s) appearing for the Case

James C. Wobensmith, of Philadelphia, Pa. (Harry H. Hitzeman, of Chicago, Ill., of counsel), for plaintiff.

W. P. Bair, Will Freeman, and Bair & Freeman, all of Chicago, Ill., for defendants.


KIRKPATRICK, District Judge.

The patent in suit is 2,015,217 to Deniau. The claims in suit (5 and 6) are method claims and are directed to compacting or settling newly poured concrete of the dryer, stiffer kind by immersing a mechanical vibrator (of a type not particularly specified) in the concrete mass, moving it "progressively" in the material (claim 5), and pulling it out slowly, so that it will not leave a hole (claim 6).

Claim 5 actually is as follows...

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