by Sola in 1933 (as hereinafter found as a matter of law), abandon the invention defined in any of the seven claims in issue of the Sola patent No. 2,136,895, or conceal or suppress it.
20. Defendants, Joseph G. Sola and Sola Electric Co., or either of them, were not stimulated to activity in filing in the United States Patent Office the application for patent of said Joseph G. Sola, Serial No. 38,073, and had no knowledge of the subject matter of the alleged invention by said Charles P. Boucher, or any alleged public use thereof prior to the filing of said patent application, and had no knowledge of the publication of any information relating to the subject matter of the alleged invention of said Charles P. Boucher prior to the filing of the Sola patent application aforesaid.
21. Charles P. Boucher, one of the plaintiffs herein, was subsequent in point of time to Joseph G. Sola, one of the defendants herein, in perfecting a transformer embodying the invention of the seven claims in issue of the Sola patent No. 2,136,895.
Conclusions of Law.
The court concludes as a matter of law:
1. That the court has jurisdiction of the parties and of the subject matter involved herein.
2. That defendant Joseph G. Sola and his assistants tested sufficiently in 1933 the transformers, in evidence as Exhibits 5 and 17, to constitute reductions to practice of the invention defined in each of the seven claims in issue prior to any conception or reduction to practice of said invention by plaintiff Charles P. Boucher, and that said Joseph G. Sola was the true, original and first inventor of the improvements in transformers defined in each of the seven claims here in issue.
3. That the invention defined in each of the claims in issue was not before known or used by others in this country before said Joseph G. Sola's invention or discovery thereof, was not patented or described in any printed publication in this or any foreign country before Joseph G. Sola's invention or discovery thereof, or more than two years prior to his application for patent therefor as aforesaid and was not in public use or on sale in this country for more than two years prior to his application for patent, and that the same was not abandoned by either the defendant Joseph G. Sola or the defendant Sola Electric Co.
4. That the application for Letters Patent for said invention, bearing Serial No. 38,073, filed by defendant Joseph G. Sola on August 27, 1935, in the United States Patent Office, when filed conformed to all the laws and rules relating to the filing of applications for Letters Patent of the United States, and that defendant Joseph G. Sola, as inventor and applicant for Letters Patent of the United States, was entitled to Letters Patent of the United States for the invention defined in each of the claims here in issue.
5. That Letters Patent No. 2,136,895, containing the seven claims here in issue, were properly, regularly and duly issued by the United States Patent Office on November 15, 1938 to the defendant Joseph G. Sola.
6. That defendant Sola Electric Co., as assignee of said Joseph G. Sola's aforesaid invention and of his said Letters Patent No. 2,136,895, is now the sole owner of all rights in, to and under said Letters Patent.
7. That plaintiff Charles P. Boucher is not an inventor prior in point of time to defendant Joseph G. Sola of the subject matter of any of the claims in issue and is not entitled to Letters Patent of the United States therefor.
8. That the complaint herein should be dismissed with costs to the defendants, Joseph G. Sola and Sola Electric Co., to be taxed by the clerk.
9. That a final decree should be entered in accordance herewith.
I find that Sola conceived his invention early in the year 1933; that shortly thereafter he constructed the transformer made Exhibit No. 5 in this case and in the summer of that year the transformer which is Exhibit No. 17; that these transformers were sufficiently tested to constitute a reduction to practice before Boucher reduced his invention to practice.
The complaint should be dismissed with costs.
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