Emmett

Appeal is taken from a judgment for appellees in an action brought by appel-lees for alleged infringement by appellant of appellees’ patent.

The record before us consists of a “Statement Of The Case On Appeal”, findings of fact and conclusions of law, and the judgment. No pleadings, evidence or exhibits are before us.

' The ' statement asserts that appéllees sought, by a “bill of complaint”, a “decree” adjudicating their ownership of patent No. 1,947,493, the validity thereof, and an injunction restraining infringement thereof by appellant; and that appellant’s answer alleged lack of invention and public use “long prior to July 17, 1931,' the date when the alleged patent was applied for”.

The trial court found that the. patent in question was issued to appellee Rose-Engle Company on February 20, 1934; that -the same was not anticipated by any of some 17 patents and that it was not anticipated by 2 years’ public use. Judgment was entered for appellees.

Other than as. above stated the statement of the case merely states that ap-pellees “produced evidence and testimony” of the existence of .certain facts.

Appellant argues five points which may be summarized as follows: (T) the…