McIvor

In a suit brought by appellant against ap-pellee to restrain an alleged infringement of appellant’s patent (Mclvor patent No. 2,-082,712, issued June 1, 1937), and to recover damages for the alleged infringement, the court below held Claims 1, 2, 4 and 5 invalid because anticipated by prior art. ■

Appellant’s patent relates to a container or feeder for insect poison, used principally for the extermination or control of ants by poisoning. It consists of a square stake with a pointed end, having a longitudinal cavity made by boring a hole lengthwise toward the pointed end, but without an opening at such end. Apertures are formed near the top of the cavity by boring holes through the side of the stake, thus affording an entry into the cavity. Poisonous material is placed in the cavity, the open end of which is closed by insertion therein of a plug. Paper or other thin material is placed around the stake. Such material is so perforated that the part thereof covering the apertures may be removed. In use the stake is driven into the ground, the paper or other material covering the apertures is removed. The ants are attracted by the poisonous material, the consumption of which results…