Owen

This is an appeal from an interlocutory decree entered January 23, 1928, adjudging claim 2 of Lt *31 ters patent 1,011,484, granted December 13, 1911, to Pei’kins and Double, valid and infringed, and directing an accounting, and, from tbe final decree in pursuance thereof, awarding judgment against appellant for $16,250, with costs. Appellant claims prior use, no invention, and no infringement. The patent is for a method of cementing oil wells in order to prevent water from water-bearing strata above the oil strata from entering the oil strata by flowing down the well outside the casing. The cement in liquid form is forced into the space between the casing and the wall of the well and held there until it hardens, thus forming an impenetrable barrier to the flow of water. The purpose of the method invented by the appellee is to make certain that the cement introduced through the easing reaches the outside of the easing, filling the space between the casing and the wall of the well, and that it is held in that position until it hardens. The process or method described in claim 2 of appellee’s patent, which was found valid by the lower court, is as follows:

In the preferred method…