206 F. 666 | 6th Cir. | 1913
The only question of importance in this case is. whether a certain patent is void upon its face for lack of invention. The suit was for infringement of letters patent No. 859,511, for “concrete floor construction,” granted to appellant as as-signee of the inventor, Louis H. Nolte. Apart from some minor features, the bill of complaint as amended is in the usual form. It was dismissed upon demurrer, and the plaintiff below appeals. The de-
surfaces of concrete floors.” The accompanying drawings, as in substance described in the specification, show: (1) A horizontal view of a floor in course of construction, with bracket's sustaining the sleepers, and all resting on the temporary floor; (2) a perspective view of part of a sleeper and its supporting brackets; and (3) a horizontal sectional view of a concrete floor construction. It is stated in the specification that the customary method of making concrete floors had been—
* * to spread a layer of concrete upon the temporary flooring, to allow this concrete to harden, then to lay Lhe wooden sleepers, which afford a nailing surface, upon this first layer of concrete, and then to till in around the sleepers with another layer of concrete.’’
The patented method described is: First, to nail rows of brackets to the sleepers; next, to nail the brackets to the temporary floor; and then to place the concrete about the brackets and sleepers so as to leave the upper faces of the sleepers exposed. This follows:
“It is seen that the process of constructing the floor with my supporting brackets for the sleepers, is a continuous one. that is, that the concrete is laid at one operation. Besides simplifying the method of forming the flooring, the brackets distribute the strain due to the nailing of the permanent*668 floor to tlte sleepers, over a greater area of, concrete and thus prevent any tendency to crack in the same in securing the permanent floor in place.”
There is but one claim:
“In a concrete floor in the course of construction, the combination of the temporary floor or centering, sleepers, brackets secured in rows upon the floor beneath and supporting the sleepers, and concrete surrounding the brackets and the sleepers, leaving the upper faces of the sleepers exposed.”
Profert is made in the bill of the letters patent, 'and the record contains a copy. Many decisions are cited by counsel, especially for the appellees, in support of their respective claims of validity and invalidity of the patent. The decisions are, of course, helpful so far as they announce settled and apposite principles of law; but the ultimate assistance they afford must depend upon how the subjects they treat are related to the subject of the instant case. It could serve no useful purpose to discuss these cases, for the applicable principles of law are not in dispute; and we do not find that a patented subject closely kindred to the present one was involved in any of the cases cited.
The specification shows, as stated, that the old method of construction involved two layers of concrete, the second one being laid after the first had hardened; and that the sleepers rested on the first layer and were held in place by the second layer. The patented method requires the sleepers to be fastened to the brackets and the brackets to the temporary flooring, before the laying of concrete is commenced; and ■only one layer of concrete — involving “one operation,” as stated by the .inventor — is required or laid to complete the concrete floor, so as to
“Tliis is often the ease with inventions of the greatest merit. It may be laid down as a general rule, though perhaps not an invariable one, that if a new combination and arrangement of known elements produce a new and beneficial result, never attained before, it is evidence of invention. It was certainly a new and useful result to make a loom produce 50 yards a day when it never before had produced more than 40; and We think that the combination of elements by which this was effected, even if those elements were separately known before, was invention sufficient to form the basis of si patent.”
Sec, also, Kellogg Switchboard & Supply Co. v. Dean Electric Co., 182 Fed. 991, 105 C. C. A. 545 (C. C. A. 6th Cir.), and cases cited.
The decree below will be reversed, with costs, and the cause remanded, with instructions to overrule the demurrer and require the defendants to answer.