Gleason

Shingle Product Patents, Inc., as as-signee of Herbert L. Owens’ Patent No. 2,259,962, relating to a preformed wood shingle unit for use in finishing or trimming the ridges and hips of pitched roofs, and as assignee of Owens’ Patent No. 2,346,450, relating to a particularly arranged package or bundle of such units, brought suit against Charles H. Gleason, Marty Coker, and Trim Products Company for infringement of patents in suit. In their answer, defendants challenged the validity of the patents in suit and filed a counter-claim for unfair competition.

After trial was had on the issues raised, the district court found all of the claims of both patents invalid and no unfair competition. The court awarded defendants $5,000 as a reasonable attorney’s fee. There is evidence that thé attorney’s fees paid were in excess of $8,000. Plaintiff appealed from only so much of the judgment as related to the validity of claims 6 through 10 of Patent No. 2,259,962, and from the award of attorney’s fees.

On June 2, 1952, plaintiff filed with the Patent Office a disclaimer of Claim 2 of Patent No. 2,346,450, and on October 6, 1952, plaintiff disclaimed Claims 1 through 5 of Patent No.…