Holmes

This was a suit for infringement of letters patent No. I, 074,592, issued September 30,1913, to' Robert H. Anderson, assignor to Ruth B. Anderson, for a wall bed. The plaintiffs in the suit were the patentee, the purchaser of the patent under an executory contract of sale, and a licensee of the purchaser under the ex-ecutory contract. The defendant in the action was a former licensee of the patentee. Upon final hearing the court below found that *951 claims one and three of the patent had been infringed and entered a decree accordingly. From that decree, the defendant has appealed.

In support of the appeal it is first contended that the license heretofore granted by the patentee to the appellant has never been revoked, and that the plaintiffs below had no legal capacity to sue. We find it unnecessary to consider these questions, however, in view of our conclusions upon the merits.

The Anderson wall bed-may be briefly described as follows: There is an opening in the wall of the room leading into the closet or recess where the bed is concealed from view when not in use. This opening is wider than the double bed which passes through it. The opening is closed by two doors of about…