Snow
Snow v. Kellar-Thomason Co.
Opinion
lead Opinion
Wolvfrton, J.
This is an appeal from a decree enjoining infringement of certain letters patent, No. 1,016,159, issued to Geo. B. Kellar, of which appellee is the owner. It is alleged by appellants that the patent is void for want of invention, for anticipation, aud for indefiniteness and uncertainty, both of specification aud claim. The claim is as follows:
The object of the invention is declared to be to provide improved means for attaching a gate or valve to the end of irrigating systems *120 pipe. Then are set out the specifications. These particularly describe-the gate or valve, which is provided with an outwardly projected flange, designed as one of the means of attaching the gate or valve-to the end.of the irrigation pipe. The specifications then proceed:
Exception is taken to the specifications, in that they do not describe the method or process of compounding the filler of cement, which constitutes one of the means of uniting the valve to the end of the pipe. The criticism fails to discern the real elements of the device, one of which consists of the filler of cement, or, as styled in the claim, a “cementitious” filler. The ingredients going to make up the filler or the manner of…