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opposite sides of the columns, the forms and the columns together defining a wall cavity for receiving plastic concrete.

As shown in Fig. 1 of Cummings, reproduced herewith, the forms proper or "mold boards" are composed of a plurality of boards having holes bored therein at spaced intervals. A plurality of forms is placed horizontally one above the other on opposite sides of the wall columns and temporarily bolted thereto, through the holes therein. These wall columns determine the thickness of the wall being built.

In building a wall in accordance with the teachings of the Cummings patent, permanent wall columns made of precast concrete, steel, brick, or the like, having a dimension equal

to the thickness of the wall desired, are erected to stand upright and in the line of the wall. Form boards are placed against the permanent wall columns disposed one above the other and are bolted to draw them tightly to the spaced permanent wall columns so as to define a cavity for receiving concrete consisting of the front and back removable forms and the sides of the spaced permanent wall columns. After the wall columns and the forms are in place, plastic concrete is poured into the cavity defined by the columns and the forms retained on opposite sides thereof. When the concrete has attained the proper set, the bolts holding the forms against the upright columns are unscrewed and the forms are removed, leaving a wall composed of panels of concrete of the same thickness as said columns alternating with the

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columns, the columns and the panels of concrete therebetween constituting the complete wall.

16. United States patent to Peabody, issued May 8, 1928 (defendant's exhibit 3) on an application filed January 18, 1926, relates to forms for building concrete walls. As disclosed in the patent, a plurality of vertical columns such as wooden 2 x 4's, or the like, are spaced apart and secured in a vertical position in the line of the proposed wall. Removable forms are then placed on the front and back sides of the columns and are fastened thereto. Plastic concrete is then poured into the cavity defined by the columns and forms. When the concrete hardens, the forms are removed and may be reused.

The front forms are composed of a plurality of members or board units placed horizontally one above the other. As

shown in the cross-sectional illustration, Fig. 2 of this patent reproduced herewith, these forms e are retained in proper relationship with the vertical posts or columns b by removable upright supports g engaging the outer side of the forms adjacent the vertical wall columns, these vertical supports being bolted or fastened to the wall columns by bolts g2. As disclosed in this patent, the front form supports and forms are spaced slightly away from the wall columns so that the fronts of the wall columns are completely covered or concealed by the concrete. If such concealment or embedding of the wall columns is not desired, it would be an obvious expedient to hold the form boards directly against the wall columns by the vertical supporting members.

17. United States patent to Bagby, issued August 7, 1917 (defendant's exhibit 8-G) discloses an apparatus and method of constructing concrete walls in which a series of

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steel forms are temporarily retained in position by means of vertical T-rail supporting members. Fig. 1 of this patent is reproduced herewith. This disclosure teaches the use of vertical form-supporting members located on the exterior of a series of horizontal forms.

18. United States patent to Smith, issued January 10, 1922 (defendant's exhibit 6-A), relates to a method of construct

ing concrete walls. In accordance with the teachings of this patent, a plurality of permanent wall columns of pre-formed concrete is erected in spaced relationship to each other in the line of the proposed wall.

As shown in Fig. 1 of this patent reproduced herewith, a plurality of form boards C1 is placed horizontally one above the other on opposite sides of the wall columns. These are retained in place against the columns by means of pairs of vertical form-supporting members or clamps C, which are

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preferably bolted or otherwise connected to the form boards. The cavities thus formed by the permanent wall columns and the forms are free from form-bracing means. After plastic concrete poured into the cavities has attained the proper set, the vertical upright supports may be loosened and the forms with their vertical supporting members and clamps reused on another portion of the wall.

FIG:I

Figure 1 of Smith patent.

INFRINGEMENT AND VALIDITY

19. Claim 3 of the Juul patent in suit when interpreted in connection with the disclosure in the specification, relates to a wall cavity defined by permanent wall columns and removable forms, so held in place that the wall cavity is free from form-bracing beams. The claim is not limited to any particular type of concrete and is inclusive of bituminous concrete as well as cementitious concrete.

The claim is not limited with respect to any particular number of forms, nor is it limited to any particular type of building or housing structure. Broadly interpreted, the phraseology of claim 3 of the Juul patent is applicable to

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the means employed by the defendant in the application of plastic armor to the walls of deckhouses.

20. Claim 3 of the Juul patent is anticipated by the disclosure of the Smith patent (Finding 18).

For purposes of comparison, this claim is paraphrased, together with the corresponding structure in the Smith patent, as follows:

21. The United States patent to Cummings (Finding 15) discloses a plurality of wall columns spaced apart and secured in upright position. Forms are temporarily bolted to these wall columns to define a wall cavity for receiving plastic concrete.

This is the exact structure utilized by the Government in its plastic armor construction, with the exception that the Government reinforced the forms by upright supporting members located against the exterior surface of the forms.