Finley v. MacDougald Const. Co.

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 the roadway, applying a uniform coating of binding medium to the entire' surface and applying an extra quantity of bmdmg medium to the…