Maulsby

Appellant brought an action against ap-pellee for infringement of claims 1-5 of patent No. 1,875,077. 1 Appellee filed an answef and two amended answers. His defenses were that the claims were invalid, and that, if valid, they were not infringed. The case was tried by the court without a jury. The court held the claims invalid and entered judgment dismissing the action. From that judgment this appeal is prosecuted.

The patent was applied for on October 21, 1930, and was issued on August 30, 1932. The specification states: “This invention relates to a method of and means for applying backing fabrics to silk linings, and it has reference particularly to a novel method of attaching backing fabrics, such as fleeced cotton, to silk linings of that character used in the interior decoration of caskets and the like.” Claims 1-5 read as follows:

“1. The method of attaching backing fabric to crinkled lining materials, consisting of applying an adhesive to a superfi-ciary, then spreading the backing fabric upon the superficiary while the adhesive is tacky, then removing the backing from the superficiary and while it is drawn smooth applying the side thereof, made tacky by transfer of…