Consolidated Contract Co. v. Hassam Paving Co.

(after stating the facts as above). [1] The defendants place their defense on three grounds:

First. That the processes patented are the result of mechanical skill, and not the product of inventive genius, and the patents are therefore void.

Second. That the processes embodied in the Hassam patents were anticipated by prior patents, by prior use, and by prior publications.

Third. That the appellees, by their acts in inducing the officers of the city of Portland to include their process of paving in an ordinance defining the method, manner, and kind of street pavement to be laid in the city of Portland, with knowledge that all street improvements must, under the city charter, be let to the lowest responsible bidder, waived all rights under their patents, and granted to the appellants the right to utilize the processes covered thereby.

1. There are five elements entering into the construction of a pavement in accordance with the alleged infringed claims of the patents in suit: (1) A bottom layer of uncoated stone. (2) The rolling of the stone. (3) A grouting of cement placed upon the stone and filling all the voids therein. (4) Agitation of the mass to expel the air and fill the…