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HENDRICKSON MOTOR TRUCK CO. v. COE

May 1, 1940

HENDRICKSON MOTOR TRUCK CO.
v.
COE, Com'r of Patents



The opinion of the court was delivered by: LUHRING

The complaint is based on R.S. 4915, 35 U.S.C. § 63, 35 U.S.C.A. § 63, and seeks the issuance of a patent for Improvement in Six-Wheel Truck. Twelve claims, numbered 1 to 12 inclusive, are in issue.

 It is claimed in the application that "the improved mounting will in large measure absorb the shocks, jars and stresses which are ordinarily experienced in starting and stopping a truck under a heavy load, by allowing the live axle to start up or come to a stop before the dead axle, and also by allowing the dead axle to come to a stop or slow up independently of the live axle when run over a curb or other obstruction or backed into one, all without any sacrifice in durability and without affecting the normal action of the spring suspension means." All claims were rejected by the Examiner on the ground that they are unpatentable over the prior art as shown by the following patents: Hendrickson, 1,658,164, Feb. 7, 1928, Porter, 1,855,868, April 26, 1932.

19400501

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