#### C. A. P. TURNER COMPANY v. THE UNITED STATES1

[No. A-259.

Decided April 28, 1924]

*On the Proofs*

*Patent; want of novelty and invention; non user;*‘infringement.— Tlie device of the Turner patent for steel skeleton concrete construction was invalid for want of novelty and invention, and as it Avas never used upon any of the Government structures there could have been no infringement of his patent.

*634
      *The Reporter’s*statement of the case:

*Mr. Benton Balter*for the plaintiff.

*Mr. Amasa 0.*Paul, with whom *Mr. Assistant Attorney General Robert H.*Lovett, for the.defendant. *Messrs. Harry E. Knight*and *Lisle A. Smith*were on the brief.

The following are the facts of the case as found by the court:,

I. The plaintiff is a corporation, organized and existing under the laws of the State of South Dakota, with its principal office in Minneapolis, Minnesota. Plaintiff has at all times borne true allegiance to the Government of the United States, and has not in any way voluntarily abetted or given encouragement to rebellion against the United States.

II. Ón June 11, 1901, one Claude A. P. Turner filed in the United States Patent Office an application for letters patent for certain alleged new and useful improvements in steel-skeleton concrete construction, which application was a continuation of an application filed by said Turner on January 23, 1905. Upon said application of June 11, 1907, there were granted to said Turner United States Letters Patent No. 1,003,384, of September 12,1911, a copy of which is set forth in the appendix to these findings of fact as Exhibit I, and is by reference made a part of this finding.

III. Under date of January 18, 1915, the said Letters Patent No. 1,003,384 were assigned by the said Claude A. P. Turner, the patentee, to the plaintiff herein, the said C. A. P. Turner Company, which has been the owner of said letters patent throughout the period of time covering-tlie alleged infringements thereof for which the plaintiff seeks recovery in this cause.

IY. The plaintiff’s petition alleges, and asks recovery for, infringement by the United States of the said United States Letters Patent No. 1,003,384, and also of United States Letters Patent No. 985,119, granted to the said Claude A. P. Turner on February 21, 1911. By plaintiff’s bill of particulars filed November 4,1921, the alleged infringement for which plaintiff seeks recovery' was’ limited to claims 4, 5, and 17 of said Letters Patent No. 1,003,384; and in plaintiff’s brief and requests for findings of fact the claim of infringe*635ment of said claim 17 is abandoned, leaving claims 4 and 5 of Letters Patent No. 1,003,384 as the only claims now involved in this suit.

The said claims 4 and 5 of Letters Patent No. 1,003,384 are as follows:

“4. An arrangement of reinforcement for a column-supported flat plate floor of concrete, comprising multiple belts of rods extending from column to column, and passing over the columns in the upper part of the floor, portions of said belts being beyond the columns on opposite sides and forming cantilevers, the cantilevei'-forming portion of one belt forming a support for rods of another belt, the area between the columns being covered, or substantially covered by reinforcements.

*“*5. An arrangement of reinforcement for a column-supported flat plate floor of concrete, comprising multiple belts of rods that extend from column to column in two directions directly, and in two directions diagonally, portions of said belts being beyond the columns on opposite sides and forming cantilevers, the rods running in intersecting directions crossing at the columns in the upper part of the floor, and the cantilever-forming portions of rods of one belt supporting rods of another belt, the area between the columns being covered, or substantial^ covered, by reinforcements.”

VI. The evidence does' not satisfactorily establish an earlier date of invention by Turner of the devices of said Letters Patent No. 1,003,384 than the presumptive date of June 11, 1907, the date of his application for said letters patent.

VII. Prior to and at the time of the application of the said Claude A. P. Turner for said Letters Patent No. 1,003,-384, there were in the art to which said letters patent relate the following described letters patent:

British Letters Patent No. 452, of 1867, to Scott.

United States Letters Patent: No. 124,453, of 1872, to Sisson; No. 455,687, of 1891, to McCarthy; No. 467,141, of 1892, to Seeley; No. 475,842, of 1892, to Zogmann; No. 486,-535, of 1892, to Monier; No. 545,301, of 1895, to Milliken; No. 583,464, of 1897, to Von Emperger; No. 606,696, of 1898, to Waite; No. 607,223, of 1898, to De Man; No. 611,907, of 1898, to Hennebique; No. 611,908, of 1898, to Hennebique; No. 617,615, of 1899. t0 Thatcher; No. 629,477, of 1899, to *636IS to well; No. 654,683, of 1900, to Slialer; No. 659,965, of 1900, to Hallberg-; No. 659,966, of 1900, to Hallberg; No. 660,518, of 1900, to Melber; No. 667,871, of 1901, to Ellinger; No. 672,175, of 1901, to Melber; No. 681,364, of 1901, to Eliet; No. 696,838, of 1902, to Parmley; No. 698,542, of 1902, to Norcross; No. 702,093, of 1902, to Ellinger; No. 705,732, of 1902, to Bone; No. 707,924, of 1902, to Hennebique; No. 729,-299, of 1903, to Ellinger; No. 732,482, of 1903, to Wight; No. 738,268, of 1903, to Williams; No. 743,262, of 1903, to Ellinger; No. 751,427, of 1904, to Bossyns; No. 773,327, of 1904, to Kuhne; No. 783,539, of 1905, to Perrot; No. 818,386, of 1906, to Lnten; No. 853,202, of 1907, to Luten; No. 853,203, of 1907, to Lnten.

Copies of said letters patent are set forth in bound volume Exhibit A to these findings of fact, and are by reference made a part of this finding.

VIII. In addition to the reinforcing arrangements, or devices, for concrete construction disclosed by the letters patent enumerated in Finding VII, there were in the prior art metal reinforcing devices for fiat slab column-supported concrete floors, some consisting of belts of parallel rods, some of belts of heavy Avire netting, and some of belts or sheets of expanded metal, these belts of reinforcing materials being-arranged to extend through the plane of the floor-slab in different directions, and cross one another at and over the supporting columns, at which points they Avere raised to the upper part of the floor-slab, and being dropped to the lower part of the slab in the central sections thereof between the columns, as illustrated by the prior art construction shoAvn by Exhibit B to these findings of fact, hereby made a part of this finding. In some instances the columns supporting said floors had their tops enlarged to form heads, or “ capitals,” thereon; and in some instances drop panels aboA^e the columns Avere also Aisecl. These forms of column and drop-panel construction are sIioaaoi by said Exhibit B.

In one type of these reinforcing devices in the prior art, these belts of reinforcing materials extend only lengthwise and crosswise of the floor-slab, constituting what is known as the “two-Avay ” type of reinforcing; and in another type, that shown by said Exhibit B, the belts extend not only *637lengthwise and crosswise of the slab, but also in both diagonal directions, constituting what is known as the “ four-way” type of reinforcing.

The circumferential cantilever frame of the said Turner Letters Patent No. 1,003,384 illustrated by Figure 3 of the patent drawings does not appear in the above-described devices of the prior art.

IX. In the construction of reinforced concrete flooring by Norcross under his said Letters Patent No. 698,542 prior to Turner's application for the letters patent in suit, No. 1,003,384, the belts of metal reinforcing were disposed in the upper part of the floor slab at points over the tops of the supporting columns, and dropped, or sagged, to the lower part of the slab in the central portions of it between the columns.

X. Since September 7, 1915, and prior to September 7, 1921, the United States Government has constructed or caused to be constructed, and has used, buildings and other structures embodying flat-slab, column-supported, reinforced concrete floors, without beams or girders, of both the “ two-way ” and the “ four-way ” types of reinforcement, the reinforcing materials consisting of parallel iron or steel rods, which rods were raised to the upper part of the floor slab at the points of their crossing one another over the tops of the supporting columns, and were dropped to the lower part of the slab .in the central sections of the slab between the columns, as shown by the drawings, Exhibits C and D to these findings of fact, which are by reference made a part of this finding.

In some of these Government buildings and structures in which said reinforcing devices were used, heads, or “ capitals,” were formed at the tops of the columns supporting the floor-slab, as illustrated by said drawing, Exhibit C; and in others, both “ capitals ” and drop panels above the columns were used, as illustrated by the drawings Exhibits B and L); these *“*capitals ” and drop panels being for the purpose of taking the shearing stress, or strain, on the floor slab around the columns.

*638The circumferential cantilever frame of the said Turner Letters Patent No. 1,003,384 is not used in tlie floor-slab reinforcing in any of said Government buildings and structures.

XI. In view of the prior art, there was neither patentable novelty nor. patentable invention in the devices of claims 4 and 5 of said Turner Letters Patent No. 1,003,384, at the time of their invention by Turner.

UNITED STATES PATENT OEEICE

(Claude A. P. Turner, of Minneapolis, Minnesota. — Steel-skeleton concrete construction. — 1,003,384.'—Specification of Letters Patent. — Patented Sept. 12, 1911. — Continuation of application Serial No. 242,431, filed January 23, 1905. This application filed June 11, 1907. Serial No. 378,444.)

*To all whom it may concern:*

Be it known that I, Claude A. P. Turner, of Minneapolis, in the county of Hennepin and State of Minnesota, have invented certain new and useful Improvements in Steel-Skeleton Concrete Construction, of which the following is a specification.

My invention relates to buildings or structures erected of reinforced concrete, and the object of my invention is to provide a column and slab or floor construction, requiring a minimum of concrete and reinforcement, but having all necessary strength, to the end that the cost of erection, both in respect to material and time required, may be substantially .reduced and to secure certain important advantages which result from the structure which may be produced in accordance with my invention.

My invention is clearly illustrated in the accompanying drawings, fully described in the following paragraphs of this specification, and particularly ‘referred to in the subjoined claims.

In the drawing, Figure 1 is a fragmentary side elevation of a reinforced column and floor slab, constructed in accordance with my invention, the reinforcement being shown by dotted lines; Fig. 2 a detail thereof, being a cross section of Fig. 1 taken on the line 2- — 2; Fig. 3 a top or plan view of the column reinforcement, and portions of the floor slab reinforcement belonging therewith; Fig. 4 another fragmentary side elevation of a reinforced column and floor slab, constructed in accordance with my invention, but of *639modified construction, tlie reinforcement also being shoivn by dotted lines; Fig. 5 a detail thereof, being a cross section of Fig. 4 taken on the line 5 — 5; Fig. 6 a top or plan view of the column reinforcement and portions of the floor slab reinforcement belonging therewith; Fig. 7 still another fragmentary side elevation of a reinforced column and floor slab, constructed in accordance with my invention, but of another modified construction, the reinforcement being likewise shown by dotted lines; Fig. 8 a detail being a cross section of Fig. 7 taken on the line 8 — 8; Fig. 9 a top plan view1 of the column reinforcement, and of the floor slab reinforcement belonging therewith; Fig. 10 another fragmentary side elevation of a column and floor slab, constructed in accordance with my invention, but of modified construction, the reinforcement likewise shown by dotted lines; Fig. 11 a detail thereof, being a cross section of Fig. 10 taken on the line 11 — 11; Fig. 12 a top or plan view of the column reinforcement and of portions of the floor slab reinforcement belonging therewith; Figs. 13 and 14 top or plan view's of the major part of the floor slab reinforcement.

Similar letters refer to similar parts throughout the several view's, A being the column, and B the floor slab.

In the practical application of my invention, I vary the construction somewhat, as the exigencies of the case may require, adopting some one of the modifications herein show'll and hereinafter described, or combinations of two or more of them; for example, when the column reinforcement consists of the banded and bound vertical rods a, as shown in Figs. 1, 2 and 3, I bend the said rods *a*outward at the top of the column A, and extend the laterally bent portions *a'*thereof horizontally, as shown in Fig. 3; but w'liere the column reinforcement consists of the banded anch bound bars *b,*of structural steel, as shown in Figs. 4, 5, (i, 7, 8 and 9 (bars too rigid to be practically bent) I employ the elbow ribs *c*shown in Figs. 4, 5, 6, 7, 8, 9 and 14, the vertical portions *c'*of which. T arrange within the column A, and the horizontal portions c2 of which I arrange within the floor slab. B, as shown in Figs. 4 and 7, which elbow ribs thereby become parts of both the column and the floor slab reinforcement.

Upon the horizontal portions *a-*of the. vertical rods *a*constituting the column reinforcement sliowm. in Figs. 1, 2 and 3, upon the horizontal portions c2 of the elbow ribs r, shown in Figs. 4, 5, 6, 7, 8, 9 and 13, or upon the band *d*at the top of the reinforeemnt of the column A, I arrange the carrying rings *e*sliowm in Figs. 3, 6, and 13, or the transverse bars / shown in Figs. 9 and 14. Upon these *640carrying rings *e*shown in Figs. 3, 6 and 13, or upon the transverse carrying bars / shown in Figs. 9, 12 and 14, I arrange the direct, transverse and diagonal rods *j*shown in Figs. 12, 13 and 14, which rods constitute the major portion of my floor slab reinforcement.

A description in detail of each form of construction herein shown is as follows.

Ity reference to Figs. 1, 2 and 3 of the drawing, it will be seen that the column reinforcement consists of a number of vertical rods *a*(usu'allj- eight) which rods are arranged in a circle, the diameter of which is nearly as large as that of the column to be molded thereupon. These vertical rods *(a)*are united at intervals intermediate their length, by means of the bands *d,*said hands being secured to the vertical rods *a,*by means of U-shaped bows or yokes *h,*which bows or yokes are secured thereto by means of the clamping nuts *i.*These vertical rods *a*I bend outwardly at the top of the column A, and arrange the laterally bent portions *a'*thereof radially as shown in Fig. 3, which laterally bent portions extend into, and constitute a part of the floor slab reinforcement. Upon the radially arranged portions *a'*of the column reinforcement *a,*I place the carrying rings *e,*shown in Figs. 3, 6 and 13, or the carrying bars /, shown in Figs. 7, 9, 12 and 14, upon which rings or bars in turn, I lay the direct, transverse and diagonal rods j, shown in Figs. 12,13 and 14, which rods constitute the m'ajor portion of the floor slab reinforcement.

The width of each group or belt of rods *j*is at least the diameter or substantially the diameter of the framework at the top of the column by which the group or belt is supported, and has such proportion to the distance from center to center of two nearest columns that the whole or substantially the whole of the slab is tr'aversed by reinforcing means so that the slab acts as a theoretical flat plate. Such proportion may be a width equal substantially or approximately to one half the distance from center to center of two columns nearest each other, as illustrated in Fig. 13 of the drawings. With the belts of reinforcement extending from column to column in groups of four columns, the reinforcements lap over each column in at least a four-fold layer, giving to the structure great stiffness and strength both in respect to the matter of supporting the slab under load 'and under lateral strains. Where the diagonal belts cross, there is a two-fold layer, and where the. belts extend directly there is a single layer at midlength of the belt between two columns.

By reference to Figs. 4, 5 and 6 of the drawing, it will be seen that the column reinforcement consists of a group or *641series of angle bars *h*(structural steel) which bars (like the vertical rods *a)*are united at intervals intermediate their length by means of the transverse tie-plates l, which tie plates are arranged in. two series, each alternate plate constituting one of the said series, and each alternate plate constituting the other one of the said series, the first named series being arranged transversely to the last named series. These plates (7) are secured to the vertical bars *h*by means of the rivets *n,*and the vertical bars *k*are. bound at their upper ends by means of the band *d.*In this construction I employ the elboAv ribs *c,*arranging their vertical portions *o'*within the hand *d,*and among the vertical bars *7c,*which constitute the major part of the column reinforcement, and the horizontal portions *o2*of which I arrange radially, as shown in Fig. 6. Upon the radially arranged portions *c2*of the elbow ribs *c,*I place carrying rings *e,*and on the latter I lay the direct, transverse and diagonal rods *j*shown in Figs. 12, 13 and 14, which rods constitute the major part of the floor slab reinforcement.

By referring to Figs. *7, 8*and 9 of the drawing, it will be seen that, while the column reinforcement consists of vertical bars of structural steel, the construction differs somewhat from the construction shown in Figs. 4, 5 and 6, inasmuch as the column reinforcement, consists of three bars *o,*of structural steel, I-shaped in cross section, called usually I-beams. In this construction, (as in the construction shown in Figs. 4, 5 and 6) I employ elbow ribs *c*above described, and arrange thereupon the carrying rings *e*shown in Figs. 3, 5 and 13, or other equivalent carrying bars / shown in Figs. 9,12 and 14. In this construction I perforate the upper portions of the vertical bars o, and pass one or more of the carrying bars / through the said vertical bars <?, as shown in Figs. *7*and 9, thereby binding 'a portion of the reinforcement of the floor slab B, to the reinforcement of the column A. In this construction the elbow ribs *o*may be dispensed with and the direct, transverse and diagonal reinforcing rods *j*be laid directly upon the carrying bars /. This construction is practically adapted for use in the quarter round supports *f*at the corners of the room, 'and the half round supports g, lying between them, which supports are adapted to receive the ends of the direct, transverse and diagonal rods *j*where the same abut the walls of a room or building.

By referring to Figs. 10, 11 and 12 of the drawing, it will be seen, that while the column reinforcement consists of banded and bound rods, it differs from the construction shown in Figs. 1, 2 and 3, inasmuch as I do not bend the vertical rods constituting the column reinforced horizon*642tally, to constitute a part of the floor slab reinforcement, as in the first construction described. In this modification, I preferably employ eight vertical rods *r*arranged in the order shown in the two parallel series of threei members each, and a pair of rods arranged between the said parallel series, all of the eight rods *r*being bound at their upper portions and at intervals intermediate their length by means of the bands *s,*and four of the rods *r*being similarly bound, by means of the bands *s'j*lying diagonally to the first-named band *s.*Upon the upper bands *s*and *s',*I arrange the transverse rods or bars / shown in Figs. 12 and 14, upon which bars or rods I arrange the direct, transverse and diagonal rods *j*shown in Figs. 13 and 14.

Any or all of these forms relate to and properly belong to my invention, inasmuch as they have been suggested to my mind while in the capacity of an engineer I have been supervising the erection of structures of considerable magnitude in this and other countries.

By my construction, wherein a capital or enlargement is formed on the column, or in one piece therewith, and by the employment of my reinforcement, I am able to dispense with the use of beams on the under side of the floor slab. This is an immense advantage in every way. It is economical in the use of concrete; it is also economical in that it renders unnecessary the expensive forms for making the beams, and it means' greater rapidity of work. As far as the finished structure is concerned, the absence of beams on die under side of the floor slab, enable partitions to be placed anywhere that it may be found desirable to place them. It results in better illumination from the windows, and there are no dirt-collecting corners, which exist where beams or girders are employed.

Another very important advantage resulting from the provision of a ceiling that is smooth, or free from beams or projections, is in the matter of fire protection. In fighting a fire with a stream of water from a hose, the obstruction offered by ribs or beams is obviously serious, since a rib may stop short a stream of water, whereas a flat smooth surface against which the stream is directed at an angle, will deflect and spread the water, causing it to descend to the floor over a wide area and to the best possible advantage. Where sprinkler heads are used in a ceiling, the cost of equipment by such a system of fire protection is substantially reduced, because fewer sprinkler heads are required with a flat or smooth ceiling than one where there are beams or ribs on the under side of the ceiling. In warehouses or similar buildings, my invention is of special value because in order to afford aisles or pas*643sageways, the load is naturally concentrated around the columns, and it is at these points, where the load therefore is greatest, that the greatest strength of the structure exists, by reason of the enlarged capitals of the columns, and their integral construction or formation with the slabs, and the heavy reinforcements of the structure immediately at and adjacent to the column. The provision of the capitals on the columns by gradually increasing the diameter of the columns at the top, and making them and the slab an integral mass, takes care of the compression of the concrete which is the greatest over the columns.

As will be seen by reference to the drawings, the rods forming tire framework or head at the top of the column extend laterally into the slab substantial distances beyond the sides of the column, and as the rods are anchored in or supported at their inner ends by the column structure, the arrangement is that of a' cantaliver, so that I avail myself of a cantaliver for supporting the slab. The cantaliver action or effect may, however, be obtained otherwise than by stopping the anchored ends of the rods that form the cantaliver' in or at the column. Thus rods could be extended on both sides of a column, and terminated at the desired points on both sides thereof; or across several columns, and projected at the free1 ends to the necessary points to get the cantaliver effect.

My aim in inventing my arrangement of reinforcement was to produce a flat plate floor that would act as nearly as possible like a continuous flat plate of homogeneous material supported directly by the columns without the intervention of and making unnecessary the costly and otherwise objectionable beams, the load being carried directly to the supports instead of around a corner, so to speak, as where beams are used. Reinforced concrete is not a homogeneous material, but a composite of two different materials — concrete and metal — possessing the marked differences or characteristics that the concrete like stones is suitable for compression but relatively weak and unreliable in tension, while steel is thoroughly reliable in tension. An analysis of the general character of the stresses involved, considering for simplicity a homogeneous plate, will make clear the character and the purpose and action of the reinforcement constructed and arranged to embody my invention. In the case of such a plate, and considering a section through the plate circular in form concentric with the column, and within the point of contra-flexure, the effect of a uniform load upon the plate is to deflect it downward around the support or column. The stresses resulting are both radial in outward directions from the column, and circular along lines concentric with the column. *644In the composite plate of concrete and steel a simple plate of steel or other metal can not be employed, but in its best or most practical form a substitute for a steel plate is afforded by my net-work arrangement of reinforcement which at the column has the form of a circumferential cantaliver that takes care of these complex stresses and runs in multiple, directions across the top of the column and into the slab and is situated in the tension zones in the slab. Besides the unreliability of concrete in tension, it is unreliable in shear in its partially cured condition. This renders desirable the use of reinforcement near the columns or supports to take care of shear, in addition to the belts of small rods that are employed for the slab reinforcement, and for this purpose I provide the framework of rods extending at the top of the column into the slab, and on said framework carrying rods are arranged as a convenient means of holding the slab rods at the desired level in the slab. Of course, these additional i'ods add to the strength of the structure when it is thoroughly hardened.

Referring to the flat central plate, or the suspended slab portion, there is practically no bending moment at the center and the maximum stress occurs at one side of the center in a diagonal direction rather than the central portion. This distribution of stress greatly reduces the coefficient of bending and enables the use of a slab of less depth than is required in beam construction to secure economy.

By the expression “ flat plate floor,” used by me, is meant a column-supported slab requiring no exposed beams or girders projecting from it, but not necessarily flat in the strict or narrow sense, but one so reinforced as to have characteristics- under load, similar to those of the mathematical flat, plate supported at points, or which acts substantially as a circumferential cantaliver about the column, in which the tensile reinforcement acts as the upper chord of the canta-liver in resisting circular and radial stresses. Thus a floor slab in which there are depressions, or cut away portions in the under surface, or ceiling, at the central portion or other intermediate portions of the panels, so that the slab is thinner at such central, or other intermediate portions, either for architectural effect, or to save material, if reinforced in accordance with my invention, is such a floor as is contemplated by the expression “ flat plate floor.”

As this application possesses matter in common with an application filed by me January 23, 1905, Serial Number 242,431 it is to be treated as a continuation of said prior application as far as the common subject matter is concerned.

■ By the term “ circumferential ” appearing in the claims, I do not mean a form that is necessarily circular, but a form *645or shape, whether circular or polygonal, that has the characteristic of extending in every direction outwardly from the column axis. In the drawings I illustrate forms that are angular as well as round, which it will be seen by this explanation, are comprehended, within the term “ circumferential.”

What I claim as new and desire to secure by Letters Patent is — ■

1. An arrangement of reinfoi'cement for a column-supported flat plate floor of concrete, comprising a plurality of circumferential cantaliver members, respectively situated in the upper part of the slab at the columns and projecting therefrom, and reinforcing means extending from member to member in multiple directions through the space between said members, and Ailing, or substantially filling such space.

2. An arrangement of reinforcement for a column-supported flat plate floor of concrete, comprising a .plurality of circumferential cantaliver frames, each composed of crossed rods situated in the upper part of the slab at the columns, respectively, and extending across and outward therefrom, and belts of rods extending from frame to frame in multiple directions, and filling or substantially filling the space between them.

3. An arrangement of reinforcement for a column-supported flat plate floor of concrete, comprising a plurality of open-work circumferential frames situated toward the top of the floor plate, and concentric with the columns, respectively, and extending therefrom outward into the slab, and belts of slab reinforcements extending in multiple direction through the space between said frames, and covering the area therebetween.

4. An arrangement of reinforcement for a column-supported flat plate floor of concrete, comprising multiple belts of rods extending from column to column, and passing over the columns in the upper part of the floor, portions of said belts being beyond the columns on opposite sides and forming cantalivers, the cantalivers-forming portion of one belt forming a support for rods of another belt, the area between the columns being covered, or substantially covered by reinforcements.

5. An arrangement of reinforcement for a column-supported flat plate floor of concrete, comprising multiple belts of rods that extend from column to column in two directions directly, and in two directions diagonally, portions of said belts being beyond the columns on opposite sides and forming cantalivers, the rods running in intersecting directions crossing at the columns in the upper part of the floor, and *646the cantaliver-forming portions of rods of one belt supporting rods of another belt, the area between the columns being covered, or substantially covered, by reinforcements.

6. In an arrangement of reinforcement for a column-supported flat plate floor of concrete, the combination of vertical column-reinforcing bars, all of which terminate at and are bent laterally into the floor slab, concentric rings upon the laterally bent portions of said rods, and belts of rods crossing said rings and extending in multiple directions between the columns.

7. In a structure of reinforced concrete comprising columns and flat plate floors, the combination of belts of rods extending from column to column having cantaliver ends projecting beyond the columns in two directions, of supplemental diagonal belts of rods of sufficient widths to substantially cover the remaining area- between the columns and supported by the first named belts, said rods being toward the top of the slab at the columns and toward the bottom of the slab between the columns, substantially as described.

8. In a reinforced concrete structure, consisting of floors of concrete supported by columns, the combination of a circumferential cantaliver frame at the top of the columns, consisting of crossed rods, belts of rods extending from frame to frame, a belt being substantially the width of the frame, said belts substantially covering the area between columns, and said belts of rods being nearer the bottom of the slab between supports, and the cantaliver frame being nearer the top of the slab.

9. In a reinforced concrete structure consisting of flat floor slab supported by columns, the combination of a head of widespreading reinforcement at the top of the column, consisting of elbow rods anchored in the column, carrying-rods supported on the elbow rods, and supplemental slab reinforcement supported thereby and radiating into the slab in every direction.

10. In a structure of reinforced concrete comprising columns, and a flat plate floor slab, the combination of an open frame consisting of crossed rods at the top of a column extending partially into the slab contiguous to the column, and belts of rods extending cross-wise of said open frame and passing through the slab directly and diagonally in straight lines from column to column.

11. The. combination of concrete columns, and a flat plate floor slab of concrete supported directly thereon, horizontally arranged bars in the slab at the top of the columns, and supported thereby with their free ends extending outward into the slab from the columns forming cantalivers, and belts *647of reinforcement extending in multiple directions through the slab from support to support, and supported by said c ant ali vers.

12. In a monolithic concrete structure, the combination of a concrete slab having a smooth ceiling or under surface, ■columns of concrete having capitals integral with the columns and integral with the slab, and directly supporting the slab, reinforcing bars extending vertically through the columns, and horizontally from the upper ends thereof into the slab at the head of the columns, and horizontally extending bars in the slab supported on the column reinforcing bars.

13. In a monolithic concrete structure, the combination of a concrete slab having a smooth ceiling or under surface, columns of concrete having capitals integral with the columns and integral with the slab, and directly supporting the slab, reinforcing continuously extending bars extending vertically through the columns, and horizontally from the upper ends thereof into the slab at the head of the columns, and horizontally extending bars in the slab supported on the column reinforcing bars.

14. In a monolithic concrete structure, the combination of a concrete slab having a smooth ceiling or under surface, columns of. concrete, reinforcing bars extending vertically through the columns, and horizontally from the upper ends thereof into the slab and horizontally extending bars in the slab supported by the column-reinforcing bars.

15. The combination of columns of concrete, and a flat plate floor slab of concrete supported directly thereon, belts of reinforcement extending between the columns, the width of each belt being substantially the same as one half the distance between two columns that are nearest each other, and an open framework at the tops of the columns supporting-said belts of reinforcement and having a width substantially the same as the width of a belt.

16. The combination of concrete columns, and a flat plate floor slab of concrete supported directly thereon, horizontally arranged open frames embedded in the concrete at the top of the columns extending transversely of the column axis, belts of reinforcement extending in multiple directions through the slab from column to column and supported by said frame, the belts being of a width to substantially cover the area between the columns.

17. In a reinforced concrete structure, the combination of supports, consisting of columns of concrete, and a flat plate floor slab of concrete supported directly thereon, belts of reinforcement extending through the slab to the supports in *648four directions, said reinforcements having a thickness of four belts over the support in the upper part of the slab, a thickness of two belts in a diagonal direction midway between the supports in the bottom part of the slab, a thickness of one belt midway between the supports directly from one support to the other in the lower part of the slab, and a set of reinforcements extending transversely of the column axis and projecting beyond the tops of the columns.

18. In a steel skeleton concrete costruction, the combination of a vertically reinforced column and a floor supported thereby, the vertical reinforcing bars of the said column being bent laterally outward and extended radially into said floor, carrying bars resting upon and supported by the horizontal portions of said lateralty bent bars, and horizontal bars in said floor arranged upon said carrying bars, said reinforcing bars extending directly from column to column substantially as shown and described.

19. In steel skeleton concrete construction, the combination of a vertically reinforced column the column reinforcement consisting of vertically extending bars, and a floor slab supported thereby, said column reinforcing bars being bent laterally and extending into the said floor slab, carrying bars arranged upon the laterally bent portion of said column reinfocement, and floor slab reinforcing bars arranged upon the said carrying bars and extending directly and diagonally from column to column as shown.

20. In a reinforced concrete construction, the combination of a floor slab and a vertically reinforced column having vertical reinforcing bars bent laterally into the floor slab, carrying bars arranged and supported on the laterally bent portions of said bars, and direct and diagonal reinforcement in the slabs running from column to column.

21. The combination of a concrete floor slab, and a vertically reinforced column having vertical reinforcing bars bent laterally into the floor slab, carrying bars arranged and supported on the laterally bent portions of said bars, and direct and diagonal reinforcement in the slabs running from column to column.

22. The combination of a vertically reinforced concrete column, and a concrete floor supported thereby, the vertical reinforcing bars of the said column being bent laterally outward and extended radially into the said slab, carrying-bars resting upon and supported by the horizontal portions of the said laterally bent bars, and horizontal bars in said floor arranged upon the said carrying bars, said reinforcing bars extending directly from column to column, substantially as shown and described.

*649

*650

*0







*64923. The combination of concrete columns, a concrete floor supported thereby, having a smooth ceiling or under surface, vertically extending reinforcing members in the columns, reinforcing members that extend in a circular series concentric with the columns and into the floor at the top of the column, and horizontally extending reinforcing members in the floor supported by said circular series of reinforcing members, and extending therefrom into the floor.

24. The combination of a concrete column comprising a series of vertical bars, means connecting said bars and forming a framework therewith, a framework at the top of the column extending laterally outward in different directions, and consisting of a series of radial members and concentric circular members supported by the radial members, and a concrete slab supported by the column and integral with the column.

CLAUDE A. P. TURNEE.

Witnesses:

A. M. Beyan,

D. L. THOMPSON.

Appealed.

memoeandum by THE COTJRT

Plaintiff’s patents have been in litigation for many years. A review of the decisions is sufficient to disclose a. discussion of the same from practically every angle. Having carefully considered the present record, as well as the decisions hereinafter referred to, we find no necessity of going into the case in detail again. If, as we construe them, claims 4 and 5 of the patent in suit, the claims involved herein, do not include the circumferential cantilever head, or arrangement, illustrated and described in the letters patent, they are clearly invalid for want of novelty and invention. On the other hand, if they be held to include this cantilever frame, the Government structures, which do not have it, do not infringe. In "either event, there can be no right of recovery. Finding XI expresses our conclusion.

See *Turner*v. Moore, 198 Fed. 134; 211 Fed. 466; *Drum*v. *Turner,*209 Fed. 854; 219 Fed. 188; *Turner*v. *Lauter Piano Co.,*236 Fed. 252; 248 Fed. 930; *Turner*v. *DeereWebber Bldg. Co.,*238 Fed. 377; 249 Fed. 752; *Flat Slab Patents Co.*v. *Wright, Barrett & Stillwell Co.,*283 Fed. 245; *Flat Slab Patents Co.*v. *Turner,*285 Fed. 257.

We think the petition should be dismissed. It is so ordered.