The opinion of the court was delivered by: GIBSON
The Court, after hearing and consideration, makes the following Findings of Fact and Conclusions of Law.
1. This is a suit for infringement of claims 1, 2 and 3 of the Charles Drexler letters patent No. 2,147,832, granted February 21, 1939, relating to an Angular Driving Mechanism.
2. That the plaintiff Charles Drexler, a resident of Indianapolis, Indiana, is the owner of the entire right, title and interest in and to said letters patent No. 2,147,832, and the plaintiff Chas. Drexler Co. is a corporation of the State of Indiana, having its principal place of business at Indianapolis, Indiana, and since January 22, 1944, has held the exclusive right to manufacture, use and sell said angular driving mechanisms under and in accordance with said letters patent in suit.
3. That the defendant Charles A. Koza, is a citizen and resident of Pittsburgh, Pennsylvania, and prior to, on or about September 2, 1943, did business under the name Invincible Tool Company, Machinery Sales and Engineering Company and C.A. Koza, Inc.; and that the defendant Invincible Tool Company is a corporation of the State of Pennsylvania, having its principal place of business at Pittsburgh, Pennsylvania, which corporation has carried on the business of the defendant Charles A. Koza, since on or about September 2, 1943.
4. That upon plaintiff's motion the complaint was dismissed as to the defendant John A. Anderson, a citizen and resident of Pittsburgh, Pennsylvania.
5. That the patent in suit relates to a tool generally known in the trade as an angle attachment or angle tool for such uses as drilling holes, driving screws, nuts or like operations in close places.
6. That such angle tools or angle attachments have been commonly employed and known to the trade prior to the invention of the patent in suit, wherein there is provided a housing having two tubular portions extending at an angle to each other, for example, 45 degrees and 90 degrees angles, each tubular portion providing a bearing for a driven and driving shaft, respectively, and wherein adjacent ends of said shafts are provided with meshing bevel gears through which the driving shaft will drive the driven shaft at an angle, all as disclosed in the prior patents of Exhibit 18, for example, Sadtler No. 1,199,823 and Klopper No. 1,420,635, but up to the time of the invention of the patent in suit no suitable thrust bearing was provided for maintaining the bevel gears in proper mesh against the longitudinal forces exerted on the respective shafts.
7. That the invention in suit is directed, as distinguished from the prior art, to the provision of a single ball bearing in contact with both bevel gears and the opposite portion of the housing, whereby the single ball bearing will take the end thrust of both gears and their respective shafts.
8. The defendants, Charles A. Koza and the corporation Invincible Tool Company, have manufactured and sold prior to the filing of the complaint and within six years thereof, angle tools or attachments as shown in letters patent of the defendant Charles A. Koza, No. 2,229,509, granted January 29, 1941, for Angle Drill Construction, and as embodied in defendants' tool, Exhibit 11, and illustrated in defendants' circulars, Exhibits 12, 13 and 14; and that defendants' said tool embodied a single ball bearing in contact with the supporting means or housing of the tool and the bevel gears through which power is transmitted at an angle from one angularly disposed shaft to the other, as covered by claims 1, 2 and 3 of the Drexler patent here in suit, and wherein such improvement of the single ball bearing for taking up and thrust of the gears and shafts comprises the invention disclosed and claimed in the patent in suit.
9. That the plaintiffs have done a substantial business in the manufacture and sale of their patented angle tool or angle attachment as covered by the letters patent here in suit, and have sold since the invention some 50,000 such tools; and that the invention of the patent in suit successfully met and overcame the problem of providing a satisfactory and practical thrust bearing for the opposed gears and shafts such as to maintain the gears in proper mesh under the stress of usage.
10. That in respect to defendants' counterclaim, there was no disclosure of the invention by the defendant Charles A. Koza to the plaintiff Charles Drexler, there was no confidential relation between the defendant Koza and the plaintiff Drexler in respect to the invention in suit, and there has been no breach of confidence or violation of any oral contract by the plaintiff Drexler.
11. That the plaintiff patentee Drexler was the original and sole inventor of the invention disclosed and claimed in the patent in suit.
12. That the defendants have had knowledge and due notice of plaintiffs' patent in suit since ...