Greer

This is a suit for infringement of patent No. 1,460,716 for a “Book-form Savings Bank.” The validity of the patent, as to claim 6 thereof, was established in Bankers’ Utilities Co. v. Pacific National Bank (C.C.A.) 18 F.(2d) 16 .

In the specifications for his patent, the inventor says:

Plaintiff contends that claim 6 of his patent is infringed by defendant’s device, which in form and appearance is similar to his device. Claim 6 reads as follows:

In speaking of the patent, the late Judge Dietrich, in Bankers’ Utilities Co. v. Pacific National Bank, supra, said [ 18 *60 F.(2d) 16 , at page 17]: “It is conceded that all the elements are old, and at the time the patent was applied for savings banks of similar appearance were well known in the art. The novelty contended for consists in- so combining these elements that an envelope cover, simulating the binding of a book and complete in itself, may be readily applied to and without injury detached from a complete case.”

Judge Dietrich held that claim 6 was valid upon the ground of its utility, citing Bliss v. Spangler (C.C.A.9) 217 F. 394 ; The Barbed Wire Patent, 143 U.S. 275 , 12 S.Ct. 443 , 36 L.Ed. 154 ; and closed his opinion…