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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