214 F. 576 | 2d Cir. | 1914
This is an action at law for infringement of United States patent No. 935,929, granted October 5, 1909, to Harold Rowntree for a passenger car of the so-called “pay as you enter” class; it is referred to in the briefs as a “pay within” car for the reason that the conductor and the box for the deposit of fares are so located that the “conductor can readily and easily collect the fares from a point inside the car from the passengers as they enter the car.”
The trial began before a jury, but by stipulation (in conformity with the statute) was continued and concluded before the judge. This does not change the situation; the findings and conclusions of the court take the place of the jury’s verdict, and are to be accorded the same measure of conclusiveness as to all facts in controversy that a verdict would have.
There are .16 claims; those relied on are Nos. 3 to 16. The trial cdurt held on a voluminous record containing much prior art and conflicting testimony of experts; that claims 3, 4, 5, and 6 could not be sustained because the combination which they covered did not disclose patentable novelty. That was a finding, of fact. To this finding of fact error was specifically. assigned,, but counsel for plaintiff in er
As to claims Nos. 7 to 16, inclusive, the trial judge held that they embodied elements in construction, combination, location, and relative arrangement of parts which differentiate them from/ the elements present in defendant’s structure and held them not to be infringed, without making any finding as to each specifically whether it was or was not valid. This is assigned as error, and the assignment has been argued here.
We may add that we have examined claims 7 to 16, and if it be possible to construe them so narrowly that they might cover some minor details sufficiently distinctive to be patentable, they would be not infringed by defendant’s structure.
The judgment is affirmed.