Coast Metals, Inc., a Corporation v. Wall Colmonoy Corporation, a Corporation

Coast Metals, Inc., brought suit for infringement of Patent No. 2,755,183 and Patent No. 2,743,177 against Wall Col-monoy Corporation. The appellee denied infringement, alleging invalidity because of prior use and prior invention due to the state of the art at the time of the alleged invention.

The District Court entered a judgment finding both patents invalid and Coast Metals, Inc. now appeals from so much thereof as deals with Patent No. 2,743,-177.

The patent here involved is of Nickel-Silicon-Boron alloys purported to have unusual adherence properties and low melting points, thus making them desirable for use in a process of coating certain other metals, which process is known as “hard facing”. It is advantageous to be able to accomplish this process at relatively low temperatures and apparently such a process is commonly involved in the manufacture of jet engines.

This patent was issued to appellant on April 24, 1956, on the application filed May 2, 1952, by Arthur T. Cape, the inventor and assignor of Coast Metals, Inc.

Appellant protests that Wall Colmonoy’s alloy, “Nicrobraz 130”, infringes certain claims of its patent. However, before there can be an infringement…