114 Findings of Fact roofing paper secured by spaced copper wires. A number of strips of asphaltic material applied to the paper covering space the pipe and mineral wool from metal ribs embedded in an all-enclosing concrete outer jacket. Drains are connected to the spaces between the paper covering and the concrete jacket. The pipe rests on rollers which permit the pipe to roll longitudinally thereon when the pipe expands and contracts. 20. The Bechtner patent discloses a composition comprising vermiculite, bentonite, and water, with or without additives such as magnesium oxide, asbestos, mineral wool, or mineral coloring matter. The composition is said to be of low conductivity for heat and sound, and adapted for use in refrigerators, walls, around pipes, under floors, and the like. 21. The Denning patent describes a cement resistant to high temperatures and containing a citrate, magnesium compounds, and particles of exfoliated vermiculite. The cement is said to be useful for making insulating concrete, blocks, pressed bricks, and refractory linings. 22. The Sucetti et al. patent describes an insulating material containing vermiculite and bentonite for use in wall constructions, automobile mufflers, or the like. 23. The Gysling patent shows a steam main construction, and figure 3 of this patent is reproduced herein. The Gysling construction includes a concrete base or slab reinforced by embedded rods 19. Metal supports 23, provided with openings 28 for a continuous longitudinal drain, support a tubular sheet metal jacket 30 and also support guides 46 having transverse cradle rollers 47 journalled thereon. The steam main 52 encased in corrugated paper 54 is supported on the metal rollers 47. A body of plastic material 55 is poured into the metal jacket 30 around the main 52. Each roller 47 is encased in a block of paraffin 53 to prevent the plastic material from contacting the roller. In use, steam melts the paraffin and the rollers are then free to carry the main 52 in its expanding and contracting motion. The Gysling specification states that the plastic material 55 surrounds the main 52 but has clearance of such a degree as not to interfere with the expansion and construction of the main. It states that the material 54 provides a yieldable spacer between the body of the insulating material and the metal of the steam main. The specification describes the plastic or insulating material 55 as being of such a nature as to be porous and light after it has set, and that it can be formed of asbestos fibre, rock-wool, cellular concrete, or the like. The metal jacket 30 is embedded in reinforced structural concrete 88. 24. The Sucetti patent No. 2,354,156, issued to plaintiff Zonolite, describes the making of lightweight compositions containing vermiculite, cement, asphalt-emulsion, and water. The Sucetti composition is similar to the composition of lightweight heat-insulating concrete described in the Goff patent. 25. The British Illemann patent describes a non-conducting material for covering steam pipes, a porous material formed by treating calcined gypsum with an excess of water. 114 Findings of Fact The product is described as air cell gypsum, and is said to contain an infinity of microscopic cells filled with still air. 26. The British Bayer patent describes a method of making porous building materials by the use of a mucilaginous foam-developing substance. The Bayer specification also mentions the production of cellular plaster and cellular asbestos compositions. 27. The Zonolite booklet on cold storage insulation describes the properties and uses of Zonolite or vermiculite insulating concrete. Various compositions for various densities, strengths and insulating values are disclosed. The booklet mentions uses such as cold storage room floors, block insulation, sectional pipe covering, combustion chambers, insulating and acoustical plasters and other products. The booklet does not refer to underground insulated pipe systems. 28. The Steele article on vermiculite describes the sources, composition and characteristics of vermiculite as well as its production, preparation and expansion. The article discloses many commercial applications for this material from. the insulation of dry ice containers to the protection of the tops of open-hearth furnaces. It states that pipe covering, secondary refractory brick, and articles of many types were in the course of production in a dozen research laboratories in 1934. 29. The Gray article on underground steam main conduits in St. Louis describes the use in 1936 of cell-concrete to reinsulate an underground main in which sectional pipe covering had been damaged by water. The cell-concrete was described as a lightweight cellular concrete made of neat Portland. cement and foam, prepared on the job and poured into the conduit. The conduit reinsulated included a concrete base, brick side walls, and a concrete roof. 30. The Tschebotareff article discloses the design of lightweight concrete mixes containing Zonolite vermiculite, and states that such concretes have excellent thermic insulating properties. It mentions prefabricated units and also placing the mix in situ. The article does not refer to underground insulated pipe systems. 31. The catalog of the American District Steam Company published in 1935 describes Adsco cell-concrete as a new 449492-58-11 Findings of Fact 138 C. Cls. insulating material for underground steam lines. This cellconcrete is described as concrete filled with small air cells produced by adding a foam to a mixture of neat Portland cement. The catalog states that the American District Heating Company is the sole licensee in the United States for the application of cell-concrete as an insulating medium for underground steam and hot water lines under patents controlled by the United States Gypsum Company. Said patents were not identified during the trial of this case. The catalog illustrations show Adsco cell-concrete in a multicell tile conduit with a concrete top, show a cell-concrete installation partially completed with side forms positioned to receive the cell-concrete, and show an installation partially completed with cell-concrete poured around pipes located between conduit side walls. The catalog states that the pipes may be wound with corrugated paper to prevent bonding of the cell-concrete to the pipe. 32. The German Zeitschrift des Vereines 1929 article also mentions the use of cellular concrete as an insulating material for underground steam pipes. The constructions illustrated in cross-section show metal rollers under the pipes and show an outer jacket applied over the cellular concrete, the jacket including a concrete top slab and concrete side walls in one of the views. 33. The Yugoslavic Gradevinski Vjesnik 1933 article also relates to the use of cellular concrete for insulating longdistance heating pipes. The article states that the pipes are wrapped in oiled paper and completely poured over with cellular concrete of .28 specific gravity, and that over the cellular concrete is placed a reinforced protective layer which is covered with asphalt. 34. The Mullen article in the 1935 proceedings of the National District Heating Association also relates to cell-concrete and includes cross-section views similar to those in the German Zeitschrift article. Said illustrations with legends added are reproduced here. The Mullen article refers to the use in Europe of cell-concrete as an insulating material for steam and hot water pipes, and states that on underground installations the cell-concrete was poured in forms as ordinary concrete. The bibliography of the Mullen article contains a |