Barkeij

This action is now before this court upon an appeal by the plaintiff below from the first final judgment herein, entered April 23, 1946, dismissing the complaint with prejudice at the conclusion of plaintiff’s case. The action is for alleged infringement of two patents held by Barkeij, numbers 2,145,577 and 2,191,746. This judgment was accompanied by and based upon findings of fact and conclusions of law. ' The district court found that, on the admissions of plaintiff’s witnesses, the accused engine models do not infringe either of the two patents; and that both patents in suit are invalid for uncertainty and indefiniteness in failing to comply with the requirements of what was then § 4888, R.S.

Barkeij appealed from the above described judgment. Three remands were made by this court to the district court, each on accounts of disclaimers filed by Barkeij subsequent to the original judgment. On each of these remands the district court made additional findings of fact and conclusions of law and entered further judgments, or orders entered as judgments, not appealed from. All of these additional findings and conclusions reiterated and reaffirmed the invalidity of both…