FINLEY v. MacDOUGALD CONST. CO.

No. 223.

23 F.2d 206 (1927)

FINLEY v. MacDOUGALD CONST. CO.

District Court, N. D. Georgia.

December 21, 1927.


Attorney(s) appearing for the Case

Anderson, Rountree & Crenshaw, Clifford L. Anderson, Granger Hansell, Alston, Alston, Foster & Moise, and Rob't C. Alston, all of Atlanta, Ga., and Chas. F. O'Neill, of Washington, D. C., for plaintiff.

Slaton & Hopkins, J. M. Slaton, Spalding, MacDougald & Sibley, and J. A. Sibley, all of Atlanta, Ga., Ellis Spear, Jr., of Boston, Mass., and Eiffel B. Gale, of Yonkers, N. Y., for defendant.


SIBLEY, District Judge.

The critical question is the validity of the patent alleged to have been infringed, being No. 1,411,777, a method for treating roadways. Claims 2 and 3 are admittedly not involved.

Claim 1 is asserted to be void principally for, first, lack of invention; second, vagueness; third, want of utility. It claims broadly a monopoly for "the method of treating roadways which comprises applying a wearing surface course of mineral aggregate to...

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