Owen J. Roberts

“ It is unnecessary to determine whether within the language used a pulley is 'a pivotal means,' or if attached only to the stick it is 'carried by the boom,' or whether a pulley so attached can properly be said to connect the pulling member, i.e., the cable, with the boom and the ditcher stick, since a reading of the terms employed as petitioner's position requires precludes patent ability, in view of the prior art, and, in addition, would be contrary to the limitation which the Patent Office file wrapper shows the applicant placed upon his asserted invention. ”

“ The respondents, on the other hand, say the invention is in a developed and crowded art, and both the prior art and the evolution of the claims in the Patent Office proceedings require a strict construction of the claim in suit. ”

“ Meantime the Circuit Court of Appeals has permitted reopening of the Byers Case, and the District Court, after considering the proofs as to suppression, has again found the patents valid and infringed. 4 F.Supp. 159, 160. Its decree has been set aside by the Circuit Court of Appeals (71 F. (2d) 1000) , but it is not clear whether this action nullifies the finding on the merits. ”