Denivelle

Appellant brought suit in the court below for infringement of his patent, No. 1,212,331, -issued January 16, 1917, application filed October 20, 1915, for the manufacture of artificial stone structures simulating travertin, stone. This same patent was in issue in the case of Los Angeles Lime Company and Paul E. Denivelle v. C. L. Nye, and Same Plaintiffs v. E. Ceriat, 270 F. 155 , where the lower court held the patent invalid, and was reversed by this court on appeal. In both of these prior cases the appeals brought to this court the questions of the novelty and utility of the process and product described .and claimed in the patent in suit. After careful examination and consideration -of the : evidence, this court held that both the novelty apd utility of the process and product had been sustained, that the patent was valid, and that the defendant had infringed.

It was contended in. behalf of the defendants in these prior cases, as in the present ease, that both process and product-had been in publie use for more than two-years before the application was made for the patent on October 20, 1915, and that the invention had been abandoned. The evidence in support of this contention…