Greer

This is an action for infringement of patent No. 1,460,716. The patent covers an invention of a small savings bank made in book form which is so constructed that the cover of the bank may be detached and a new one replaced without injury to the bank. The patent has previously been before this court a number of times. Bankers’ Utilities Co. v. Pacific Nat. Bank, 18 F.2d 16 ; Bankers’ Utilities Co. v. Pacific Nat. Bank, 32 F.2d 105 ; Bankers’ Utilities Co. v. National Bank Supply Co., 53 F.2d 432 . It was held in these cases that claim 6 of the patent is valid. This claim is as follows : “6. A book form savings bank- comprising a case formed with slots in the sides thereof, a covering for said case simulating the binding of a book, stiffening boards for said cover, and tongues stamped from the body of each board and adapted to extend thru said slots and be bent over on the inside of said case to detachably secure the covering thereto.”

It will thus be seen that the patent is for the attachment of a cover to the bank by extending tongues fashioned from the body of the cover through slots in the case of the bank and bending the tongues.

In the appellee’s device, alleged to infringe…