Bassett

This is an appeal from a decree in equity in a suit for patent infringement. The court decreed the contested claims of plaintiff’s patent valid but not infringed by defendants. The sole issue on this appeal, therefose, is infringement.

The question is purely one of fact. Whether infringement has occurred is a rather close question in this case. The trial court heard all the witnesses and inspected the models and devices of the respective parties. The presumption of validity applies strongly, and, it is believed, is sufficient to conclude the issue in favor of the decree below.

The plaintiff’s patent, Bassett No. 1,-880,668, October 4, 1932, shows a device for applying steam to pile fabric materials, such as velvet, for cleaning purposes. There is, of course, nothing new in this. One of the difficulties of steam treatment is to obtain steam of the proper moisture. Dry steam is usually required, but, for certain types of spots, a wetter steam is desirable. Steam too wet will injure the fabric. Requirements vary also with the external conditions of climate and humidity.

Plaintiff’s machine aims to insure a steam supply which can be made dry or wet, or in between, as required. The…