708

Findings of Fact

26. The coupling shoe upon which the claims of this patent are based is shown best in Fig. 8 in cross-section. It consists of a rectangular plate having ground-engaging ridges and generally similar in shape to the other traction shoes. This plate is provided with two circular openings near each edge thereof, these openings being in the plane of the chain extending peripherally around the space between the dual tires, which chain couples the various shoes together.

A rectangular block 41 has a threaded stud 42 which is inserted in each of these openings and which is held in place by a hexagon nut 43. A yoke-like member straddles the upper or inner end of each of the blocks 41 and is attached to the blocks 41 by means of pins 46 which are held in position at their outer ends by means of a conventional cotter pin. The chains coming from the adjacent shoes on each side of the coupling shoe are pivotally connected to the yoke members by pivots 48.

The manner by which adjustment is obtained lies in the fact that the dependent threaded studs are each offset from the symmetrical center of the blocks 41. If in such a construction it is now contemplated that the left-hand chainconnected yoke member 44 is disconnected by the removal of pin 46; the yoke member lifted off of the block; the hexagon nut 43 on the left-hand stud then loosened; the block 41 then rotated 180°; and the chain-connecting yoke

Findings of Fact

124 C. Cls.

member then replaced, the peripheral connecting chain will then be tightened by an amount equal to twice the distance that the stud is offset from the center of block 41.

If now it is contemplated that the right-hand block is similarly disconnected and also reversed 180°, the peripheral chain will be again tightened an equal amount, assuming that the offset distance of the studs from the center of the adjusting blocks 41 is similar.

This coupling shoe therefore permits of three adjust

ments:

(1) with both blocks in the position as shown in Fig. 8; (2) with one block reversed 180°;

(3) with both blocks reversed 180°.

27. The claims in suit are as follows:

1. In a traction device, the combination with a wheel having a dual tread, of a plurality of shoes disposed around the tread, one of the shoes being a coupling shoe, chain sections disposed in the groove between the treads connecting adjacent pairs of shoes, and a pair of blocks mounted on the inner surface of the coupling shoe, each having a stud extending through the shoe to receive a securing nut on the end thereof, a pair of chain sections secured to the blocks, and the axis of each stud being offset from the vertical center line through the associated block whereby the length of the device may be adjusted by reversing the position of one or both blocks.

2. A coupling shoe for a vehicular traction device consisting of a plurality of shoes and a connecting chain comprising a pair of spaced blocks mounted on the inner surface of the shoe, studs extending through the shoe and offset from the vertical center line through the associated blocks, the ends of the chain being connected to the blocks and the length of the device being adapted for adjustment by reversing the position of one or both blocks.

3. A coupling shoe for a vehicular traction device consisting of a plurality of shoes and a connecting chain comprising a pair of spaced blocks mounted on the inner surface of the shoe, studs projecting through the base of the shoe with their axes offset respectively from the vertical center lines of the associated blocks, a yoke member to which one end of the chain is secured straddling

708

Findings of Fact

each block, and a pin passing through each block and the straddling arms of the yoke, the length of the device being adjustable by reversing the position of one or both blocks.

4. In a traction device, the combination with a wheel having a dual tread, of a plurality of shoes disposed around the tread, one of the shoes being a coupling shoe, flexible members disposed in the groove between the treads connecting adjacent pairs of shoes, and a pair of blocks connected to the coupling shoe, the point of connection of each block being offset from the center thereof and one of the flexible members being connected to each block, whereby the length of the device may be adjusted by shifting one or both blocks about its or their points of connection to the shoe.

5. A coupling shoe for a vehicular traction device consisting of a plurality of shoes and attaching means connecting the shoes together comprising a pair of blocks connected to the shoe, the point of connection of each block being offset from the center thereof and the ends of the attaching means being connected to the blocks, whereby the length of the device may be adjusted by shifting one or both blocks about its or their points of connection to the shoe.

28. Each of the five claims of the patent above enumerated specifies "a pair of blocks," that is, two blocks, and requires that they be separately adjustable. In this respect claims 1, 2, and 3 specify that the length of the device is adjustable by "reversing the position of one or both blocks," and claims 4 and 5 specify that the length of the device may be adjusted "by shifting one or both blocks about its or their points of connection to the shoe." Claims 4 and 5 further specify that the point of connection of each block is "offset from the center thereof." [Italics supplied.]

THE ALLEGED INFRINGING STRUCTURE

29. It has been stipulated that defendant, through the Office of the Chief of Ordnance, War Department, entered into the following contracts with Alliance Engineering, Inc., of Alliance, Ohio, on the dates set out below, each of such contracts, including all amendments thereof, being attached

Pursuant to each of the Alliance contracts, which are in evidence as plaintiffs' exhibits 2 to 6, Alliance Engineering, Inc., manufactured, sold, and delivered to the defendant traction devices having the construction shown in the drawings which are plaintiffs' exhibits 1 (a) to 1 (e).

The dates of delivery to defendant of the traction devices procured by the above contracts are shown in the table below, which also shows the cost to defendant for such deliveries:

30. All of the traction devices purchased and delivered to the United States under the above-listed contracts, and which devices are hereinafter referred to as the accused device, are similar in construction. For the purpose of illustrating the structure of this device, plaintiffs' exhibits 1 (b), 1 (c), and 1 (d) are reproduced herewith.