Eveleth

This appeal is from the final decree of the District Court holding appellee’s patent, No. 1,682,271, valid and infringed as to claim 3 thereof.

The patent in suit was issued to appellee .Eveleth on August 28, 1928, for a combination screen and sash door; the window sash being adjustable so that it may be lowered to a concealed position in the lower part of the door when not in use. Appellee Arcadia Sash & Door Company, a corporation, has been granted a license by the patentee to make, use, and sell the invention covered by the Eveleth patent. Claim 3 of the Eveleth patent, the only one involved in this suit, reads as follows: “In a door of the type described, the combination of a door having spaced panels on its lower portion, a window slidably mounted in the door and adapted to be slid either to a concealed position between the lower panels or to an operative position in the upper portion of the door, a lid hingedly mounted over one of the spaced panels and adapted to he swung to a position overlapping the other spaced panel to eoneeal the window when in closed position, said lid having a longitudinal groove near its inner end, an upturned metal weatherstrip element adapted to…