Gary Pools, Inc. v. Associated Pools, Inc.

Appellant is the owner of a patent for a swimming pool in which an integrally formed cantilevered walkway projects outwardly from the peripheral walls of the pool. An air space is created underneath the walkway which eliminates ground pressure from beneath, thus preventing cracking and buckling of the walk. Claim 1 of the patent purports to describe the apparatus itself, while Claim 2 purports to describe the method of constructing the apparatus. 1

Appellant brought suit below claiming infringement and unfair trade practices, and seeking injunctive relief, damages and an accounting. The…