AUTOSALES GUM & CHOCOLATE CO. et al. v. RYEDE SPECIALTY WORKS

AUTOSALES GUM & CHOCOLATE CO. et al. v. RYEDE SPECIALTY WORKS. (Circuit Court of Appeals, Second Circuit. June 22, 1915.) No. 283. Appeals from the District Court of the United States for the Western District of New York. This cause comes hero upon appeal from a decree of the District Court, Western District of New York. The suit is for infringement of United States patent No. 665,977, issued January 15, 1901, to Walter H. I’umplu'ey, for a coin-controlled mechanism. Validity and infringement of claims 5 and 6 were found, and defendant appeals from so much of the decree. Noninfringement ol' claim 24 was also found, and complainant appealed therefrom. The opinion of Judge Mayer will be found in 222 Fed. 956. A. A. Thomas, of New- York City, for complainants. Frederick F. Church and G. W. Rich, both of Rochester, N. Y., for defendant. Before LAOOMBE, COXE, and ROGERS, Circuit Judges. [MAJORITY — PER CURIAM.] PER CURIAM. The use of slot machines by which small- articles may be sold automatically antedates Pumphroy’s invention by many years and the art is a crowded one. The claims under consideration must be strictly construed, if validity is to be found. To attempt a description of these complicated machines would accomplish no useful purpose, since we concur in Judge Mayer’s discussion of the record and it seems unnecessary to add anything to what he has written. The decree is affirmed, but since both sides appealed, and neither side wholly prevailed, there will he no costs of appeal to either party.