Waldman

This is an appeal from a decree holding United States letters patent 1,625,690; issued to appellee, plaintiff below, for “ornamental awning fabric and method of making the same,” valid and infringed, and directing the usual accounting of profits and damages. Swanfeldt v. Waldman (D. C.) 50 F.(2d) 445 . Appellant in his answer denied appellee was the inventor of any such new and useful fabric and method of making the same, and alleged that said patent is void for want of patentable invention.

Appellant contends that on its face the patent is not for either of the objects mentioned in its descriptive title, in that it is not for an awning fabrie, i. e., a “manufacture” or for a “design,” within the meaning of the statute defining patentable subject-matter, which in part reads:

“Any person who has invented * * * any new and useful art, machine, manufacture, or composition of matter * * * may *' * * obtain a patent therefor.” R. S. §4886 (35 USCA § 31).

“Any person who has invented any new, original, and ornamental design for an article of manufacture, * * * may * * * obtain a patent therefor.” R. S. § 4929 (35 USCA § 73).

It is also further contended that while the single claim…