The opinion of the court was delivered by: CAMPBELL
CAMPBELL, District Judge.
This is a suit in Equity for the alleged infringement of Patent No. 1,695,609 issued to Frank Richter, for "Tailboard and Tailboard Mounting for Truck and the Like," granted December 18th, 1928, on an application filed June 27th, 1927.
This suit is based on claims 1, 2 and 4.
Title to the patent in suit is in the plaintiff, and its right to maintain the action was stipulated at the trial.
Defendant interposed an answer which was in effect a general denial, but, by amendment made on the trial, it included an allegation of prior use by the defendant.
No prior art patents or publications were offered in evidence, and no testimony was given as to any prior use, except that of the defendant.
Therefore, the sole attack on the validity of the patent is the alleged prior use by the defendant, and as a further defense, the defendant, urges noninfringement.
The patentee of the patent in suit stated in the specification: "A prime object of this invention is to produce a tail-board and tail-board mounting for trucks wherein said mounting constitutes a hinge for the tail-board and a bumper or protective device therefor and for the truck."
Other objects of the invention are set forth in the specification which are to produce the following:
1. "A tail-board and tail-board mounting which provides a substantially flush surface and close joint at the connection between the tail-board and the end of the truck when the tail-board is lowered."
2."Such a close joint between the end or tail of the truck and the adjacent edge portion of the tail-board was will permit the facile rolling of furniture, pianos and the like having casters across the joint between the said tail-board and the end of the truck and will avoid the breakage of such casters during such movement of the furniture across said joint."
3. "A tail-board for trucks and the like forming a connection which will be strong and rigid as well as being close and which will withstand extremely rough usage and have great endurance qualities."
4. "An extremely simple, hinged connection preferably formed of metal parts."
5. "A hinge connection between a tail-board and the end of the truck in which a round pipe or rod may be utilized as a pivot and in which part of the knuckles of the hinge will be formed by providing notches in a metallic edge piece, preferably of U-shaped configuration, extending to opposite surfaces of one of the parts to be connected thereby, such as the edge of the truck and cooperating hinge-knuckles will also consist of looped straps projecting ...