Joseph McKenna

“ Abandonment of the alleged invention by Myers is alleged, that complainant is estopped by reason of actions had in the patent office from claiming a device other than in the specific form shown and described in the patent, that Myers was not the first inventor or discoverer of a material and substantial part of the device of the patent, and that neither he nor the complainant has ever made or filed a disclaimer thereof, to the great injury of defendants. ”

“ Myers's answer is not in the record. The defendant company's is, and denies that the company had in any manner infringed the rights of the complainant under the patent, or that any great loss or injury had accrued or will accrue to complainant by reason of anything theretofore done by defendant, or that complainant had been or is being deprived of any gains or profits to which it is lawfully entitled, by reason of any act or any manufacture, use, or sale of hoisting devices by defendant. ”

“ Suit for infringement of a patent, brought by petitioner, whom we shall call complainant, against the respondents, whom we shall call defendants, in the circuit court for the district of Indiana, October 3, 1910.
The device of the controversy is a new and useful improvement in hoisting pulleys. It is alleged to have been invented by Hubert A. Myers, one of the defendants, who, after his application for a patent, but before the issue thereof, assigned all of his right and title to one Allen P. Boyer, to whom a patent was issued January 21, 1908. ”