EVANS, Circuit Judge.
Appellant brought this suit to restrain infringement of the Joy patent, No. 1,306,064, issued June 10, 1919, and covering a "loading machine" for loading coal. The District Court found there was no infringement, and dismissed the suit.
In his specifications patentee said:
"The present invention relates to certain improvements in loading machines, and especially to that class * * * which are adapted to gather coal from the floor...
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