Therm-O-Proof Insulation Co. v. Slayter & Co.

EVANS, Circuit Judge.

Patentee was most unfortunate in wording his claim. He entitled his patent “Method of Heat Insulating.” His first claim starts with these words: “The method of building a wall whereby to increase the insulating and fire resisting properties thereof.” From these two statements it is assumed that his was a process patent. The first paragraph of the specifications confirms this conclusion, for the inventor there says:

“This invention relates to method for heat insulating buildings and the like and refers more particularly to an improved process by means of which houses or…