Rankin

This is an appeal from a decision granting appellees’ motion for summary judgment, holding the patent in suit invalid and dismissing the complaint. The district court had jurisdiction under 28 U.S.C. § 1338 , and this Court has jurisdiction on appeal. 28 U.S.C. § 1291 .

Appellants charge eight specifications of error which they state may be reduced to two questions:

I. Was there any material issue of fact involved in the motion ? //

II. Can the court disregard affidavits filed for and against the motion and decide the claims of the patent are invalid over prior art as a matter of law without rendering an opinion and without findings of fact?

I.

Siden Patent No. 2,366,986 was issued January 9, 1945 on an application filed November 9, 1942. The original five claims were rejected and newly presented claims six to nine, inclusive, were allowed as claims one to four. The original claimed invention of “Draperies, Curtains and Similar Hangings in Order to Make Them Hang in as Regular Folds as Possible” was allowed as an improvement under the title: “Drapery, Curtain and Similar Hanging.”

Claims two, three and four 1 *were based on a decorative hanging described in claim one. 2…