United States Supreme Court Cases & Opinions

U.S. Supreme Court

Powers-Kennedy Corp. v. Concrete Mixing Co., 282 U.S. 175 (1930)

Powers-Kennedy Contracting Corporation v.

Concrete Mixing and Conveying Company

Nos. 3 and 4

Argued April 16, 17, 1929

Reargued October 24, 1930

Decided December 15, 1930

282 U.S. 175

Syllabus

Patent No. 1, 127,660, to McMichael, for improvements in methods and apparatus for transporting and treating concrete, held void for want of novelty and invention. P. 282 U. S. 186. The principal features are: an upright chamber, in the top of which is an opening for introducing the material, equipped with a door to close the opening air-tight; a hopper-shaped bottom to the chamber, discharging into the delivery duct; a pipe through which compressed air enters the chamber above the mass of concrete within, to propel it into the duct, and another pipe delivering compressed air at or near the discharge or lower end of the hopper.

27 F.2d 668, reversed.

27 F.2d 838, affirmed.

Page 282 U. S. 176

Certiorari, 278 U.S. 595, to review decisions in two patent infringement suits involving the same patent. In No. 3, the district court sustained the patent and was affirmed by the Circuit Court of Appeals for the Second Circuit. In No. 4, the patent was held void by the district court, 23 F.2d 131, and the Circuit Court of Appeals for the Ninth Circuit.