Marquis

This appeal is from a decree which, in a patent infringement suit brought by appellant against appellees, dismissed the bill of complaint on the ground that,- as to the claims in suit, the patent was invalid for lack of novelty and for lack of invention.

The patent in question, No. 1,971,331, was applied for by Giuseppe Cavaglieri on September 6, 1933, and was issued to appellant, as Cavaglieri’s assignee, on August 28, 1934. As stated in the specification, the alleged invention “relates generally to reconstruction and repair of buildings, but more particularly to the repairing and strengthening of buildings damaged by earthquake shocks.” Its general object is “to devise an economical method of repairing damaged buildings, that is in itself inexpensive, that does not require fundamental alteration of the original structure, and that permits the full use o.f all existing structure and fixtures that are undamaged, thus saving replacement costs on these items as far as possible.” Other declared objects are “to provide at reconditioned structure of calculable strength that may be made as strong as required by building codes,” and “to provide a safe structure.” The specification…