Barton

This is an appeal from the order of the District Court dismissing appellant’s bill of complaint seeking an injunction against further alleged infringement and for an accounting for benefits derived from the alleged use of appellant’s process for making an “abrasive resisting metal” covered by United States letters patent No. 1,662,357 issued to appellant on March 13, 1928.

The opinion of the trial court [ 58 F.(2d) 646 ] was adopted as the findings of fact and conclusions of law required by Equity Rule 70% (28 USCA § 72-3). The facts found by the trial court are supported by the evidence, and therefore will not be disturbed on this appeal. Briefly summarizing the findings of fact, the appellee early in 1925 installed in its concentrating and smelting plant in McGill, Nev., an eleetrie furnace for the purpose of making, abrasive resistant steel-grinding balls and liners for its mills for grinding ore. Pri- or to that time these balls and liners had been made in its furnace known as a “cupola” and the results had been unsatisfactory. After the installation of the eleetrie furnace, which was a well-known equipment, Mr. Kinnear, appellee’s general manager, was anxious to develop a…