283 Findings of Fact dicular groups of nonradial parallel lines, fig. 1 of the Smith patent discloses a somewhat similar arrangement as marked in colored lines on the copy of the Smith patent marked defendant's exhibit 5-A herein. Portions of the '518 patent specification quoted in finding 18 teach that the actual number and actual arrangement of openings are clearly matters of choice and variable in accordance with the particular use of a given apparatus. It would have been obvious to one having ordinary skill in the dishwasher art that additional openings of the character indicated by the reference numeral 30 in the Smith patent drawings might be provided when and where necessary. Claim 1 of the '518 patent is invalid over the disclosure of Smith patent 1,176,866. 20. Smith patent 1,176,866 was cited by the Patent Office examiner in rejecting original claim 1 of the '518 patent application. Counsel amended original claim 1 by inserting: *** said systematic arrangement comprising a plurality of non-radial parallel lines of openings, and a second plurality of parallel lines of openings which are arranged perpendicular to said first-named lines of openings, and argued : * The Smith patent does not now meet the claims for the openings there shown do not appear to be arranged in any system for forming different types of compartments. These openings are particularly arranged to hold definitely shaped articles, such as a cup, or a tumbler. If the openings in the construction of this patent follow any thought out plan, they probably would be said to be radially arranged, or in concentric circles. There can be no doubt of the fact that they are not arranged in the parallel and perpendicular lines now claimed. 21. In addition to Smith 1,176,566, another prior patent disclosing provision of a multitude of openings in drum end plates is Baker 547,655, issued October 8, 1895. Baker discloses a rotary washing machine having opposed plates B' which are perforated throughout their entire area. Baker does not disclose any compartment or trough devices within the drum. Bornot 812,005, issued February 6, 1906, also dis Findings of Fact 154 Ct. Cl. closes a rotary washing machine in which the drum heads E are provided with groups of parallel rows of perforations G. Bornot does not disclose any compartment forming device within the drum. Bornot 812,005 was cited in the '518 patent application file but was not used by the Patent Office examiner against claim 1. Beckwith 102,358, issued April 26, 1870, discloses a rotary drum washing machine having the interior of the drum divided into compartments by longitudinal bars or slats. The Beckwith patent specification teaches that the bars d may be used to form four or more, or less, work compartments, and that said bars d are removably attached to the ends of the drum so that the bars may be taken out. Claim 1 of '518 does not define in detail the latching means at the ends of the compartment forming devices. The particular latching means illustrated by reference numeral 116 in fig. 8 of the '518 patent drawings, are disclosed in the prior Senge patent 1,065,004, issued June 17, 1913. It would have been obvious to one having ordinary skill in the washing machine art to utilize the Senge latch pins in following the teachings of the Smith patent. 22. Claim 2 of '518 is similar to claim 1 and, as noted in finding 10, adds specific recital of the tank, that the end plates of the drum are disposed closely adjacent to the walls of the tank, and that the latching means are operable from between the plates. No invention was involved in placing the '518 rotary drum in a tank. It would have been obvious to one having ordinary skill that the rotary drum disclosed in Smith 1,176,866 could be immersed in the tank H of Willcox 404,141, or in the tank 1 of Ratner 1,311,179, or in tank A of Emerson 91,529, or in tank A of Baker 547,655, or in tank A of Beckwith 102,358, all mentioned above. That the end plates of the drum are disposed closely adjacent to the wall of the tank is a matter of degree and a matter of choice. The ends of the rotary drums disclosed in the washing and sterilizing machines illustrated in Emerson 91,529, or Beckwith 102,358, or Baker 547,655, or Richards 566,471, are each adjacent to the walls of the tank. The requirement that the latching means are operable from between the end plates is likewise an obvious expedient as disclosed in fig. 3 of 283 Findings of Fact Richards 566,471, wherein latching means 25 are operable by handles 27 located between end plates 9. The particular latching means operator designated by the reference numeral 148 in fig. 14 of the '518 patent drawings is similar to that taught by Karnopp 2,003,651, issued June 4, 1935. In fig. 3 of Karnopp 2,003,651, reproduced in the appendix to these findings, the spring-biased latch pin 62 is operated by a handle 66 located between the end plates 38 and 40. Original claim 2 of '518 was rejected by the Patent Office examiner as unpatentable over Richards 566,471 and Karnopp 2,003,651, but was allowed after amendment specifying in detail the arrangement of non-radial and parallel lines of openings. The three features which distinguish claim 2 from claim 1 of '518 are each old as taught by the several patents discussed above. Claim 2 of '518 is invalid over the same patents noted in findings 19, 20, and 21. Claim 2 of '518 recites a combination of old elements or features which function each in its well-known manner and without producing any new result and without new cooperation and without new conjoint action. 23. Claim 6 of '518 is similar to claim 1, as noted in finding 11, but defines a compartment side including a frame and a spring-biased screen mounted in the frame. Willcox patent 404,141, issued May 28, 1889, discloses a bottle-washing machine in which one side of a rotary compartment is a rectangular screen F of wire netting in a metallic frame and adjustable into contact with the articles to be washed. Spring means to yieldingly urge a perforate holding element against articles to be washed is shown in the Hoover patent 1,292,780, issued January 28, 1919. Claim 6 of '518 is invalid over the same patents noted in findings 19, 20, and 21. It would have been obvious to one having ordinary skill in the art to use a spring or springs to yieldingly urge a compartment side into engagement with articles to be held in the compartment. There is no cooperative action between this spring means to yieldingly urge a screen for movement in a frame and the multitude of systematically arranged openings in the end plates recited in this claim. Claim 6 of '518 recites a combination of old elements or features which Findings of Fact 154 Ct. Cl. function each in its well-known manner without cooperating to produce any new result or new action. 24. Claim 13 of '519 is specific to an arrangement of aligned openings in spaced discs. This claim specifies that the compartment side receiving openings are arranged in four groups of parallel lines and that each group extends at right angles to one of four axes a quadrant's distance apart. Such a specific arrangement of openings is of limited significance in view of the plain teaching of the '518 patent specification that these openings may be arranged in various fashions to suit the type of containers that are to be washed, and that the distance apart of these openings may be varied as desired. The language of claim 13 omits reference to the special openings 161 and the special curved line of openings 162, illustrated in fig. 6 of the '518 patent drawings, required for the pivotally mounted compartment top side construction recited in claim 12. The arrangement of aligned openings is a matter of choice. In view of the earlier teachings of various arrangements such as in Smith 1,176,866, and the disclosure of openings throughout the area of the end plates disclosed in Baker 547,655, it would have been obvious to one having ordinary skill in the washing machine art to provide the end plate openings in the arrangement recited in claim 13 or in any other arrangement to suit the type or types of containers to be washed. Claim 13 of '518 is invalid over the patents noted in findings 19, 20, and 21 and in view of Baker 547,655. 25. Claims 2, 6, and 13 of the '518 patent are each invalid over the disclosures of the several prior patents noted above. These claims are also invalid as claiming aggregations of old elements or features which function each in its wellknown manner without producing any new or unexpected results and without new cooperation or new conjoint action. 26. Defendant has urged as anticipations for the patent in suit numerous prior patents in addition to those noted in the above findings. These additional patents include the following: Usher 135,176, issued January 21, 1873, discloses springbiased pivotally mounted wire screens for holding dishes in a dishwashing machine. 283 Findings of Fact Binnington 399,477, issued March 12, 1889, discloses a bottle cleaning machine having suspended compartments which remain vertical. Cochrane 512,683, issued January 16, 1894, discloses dish cleaning apparatus including a wire mesh basket with a spring-biased follower to maintain the basket in position. McCarten et al. 522,565, issued July 3, 1894, discloses a dish cleaner including a foraminous compartment. Haslam 556,184, issued March 10, 1896, discloses a yarndyeing machine having a rotatable drum including end plates connected by removable rods. Mansfeld 570,322, issued October 27, 1896, discloses a showcase having a rotatable drum carrying suspended cradles for merchandise. British patent 22,711 of 1909, and French patent 480,252, published July 12, 1916, each discloses dishwashing machines having cradles suspended between end wheels. Parry 1,232,964, issued July 10, 1917, discloses a machine for washing dishes and other articles, and provides various forms of article holding carriers and devices. Becker 1,391,712, issued September 27, 1921, discloses washing apparatus including a rotary foraminous cylinder. Tyler 1,671,557, issued May 29, 1928, discloses a dishwashing machine having a suspended dish holder. Kauffmann 1,760,307, issued May 27, 1930, discloses a metal dish tray for dishwashing machines. Manchester 2,088,915, issued August 3, 1937, discloses a rotary drum washing machine. The several domestic and foreign patents listed in this finding are cumulative to the various patents specifically set out and described in findings 19, 20, and 21. 27. Defendant has urged that the accused washing machines procured by defendant failed to cleanse hospital and laboratory glassware and broke it excessively; however, defendant has stated that it does not now urge inoperativeness of the accused machines as a defense. Defendant has urged instead that the patents in suit are invalid on the ground that they are misdescriptive, misleading, and inadequate. The evidence presented is insufficient to support any finding that the patents here in suit are misdescriptive or mislead |