114 Findings of Fact suit are such that the claimed subject matter as a whole would not have been obvious, at the time the Goff application was filed, to a person having ordinary skill in the art to which said subject matter pertains. The novel combination claimed produced unexpected and surprising results in that it was not previously disclosed that heat-insulating concrete could safely be used in an underground pipe system without a structural casing for its protection, or that heat-insulating concrete would support hot pipes against movements in nonaxial directions, or that roller or rocker supports for the pipe are unnecessary in the claimed combination of elements. 44. Claims 1, 2, 3, 5, 6, and 7 of Goff patent No. 2,355,966 are valid over the prior art relied upon by the defendant. ACCUSED INSTALLATION 45. The accused insulated underground pipe system was constructed for the defendant and was used by the defendant at McGuire Air Force Base, Wrightstown, New Jersey, within the 6-year period preceding the filing of this suit. Defendant and the contractors involved had notice of the rights claimed by plaintiffs under the patent in suit during the installation at the McGuire Base. 46. The accused system is shown in various stages of completion in a series of United States Air Force official photographs, plaintiff's exhibits 1 to 9 inclusive. A portion of the accused system is illustrated diagrammatically in a sketch reproduced herein. Referring to the sketch, which shows in section a portion of the conduit system between expansion and contraction compensating loops, a reinforced structural concrete base was formed in the bottom of a trench dug in the earth. The base was laid to the desired grade and after the concrete had set, the top surface was waterproofed by the application of three layers of hot pitch and two layers of waterproof felt. These felts were cut off even with the lateral edges of the base. Precast structural concrete blocks were then set on the waterproofing on the base at intervals of about ten feet. Metal pipes for conducting steam or hot water were then positioned on the blocks and a single ply of corrugated paper was wrapped around each pipe. Forms were then erected on each side of the base and three layers Findings of Fact 138 C. Cls. of waterproof felt with hot pitch between layers were laid against the inner sides of the forms. The bottom edges of the felts were turned inward to overlap marginal portions of the waterproofing on the base. Next, a slurry of insulating concrete was poured into the forms around the metal pipes to a depth extending about six inches above the upper surfaces of the metal pipes. The insulating concrete was a mixture of Portland cement, a vermiculite aggregate, a waterrepellent admix, and water, said insulating concrete having a density of approximately 23 pounds per cubic foot when set. When the insulating concrete was set, the upper edges of the side felts lining the forms were folded toward one another on the top surface of the insulating concrete and mopped in place with hot pitch. In some instances the upper edges of the side felts extended far enough to overlap and complete the enclosure of the insulating concrete in waterproofing. In other instances where the side felts did not overlap, a cap or top sheet or sheets of felt were placed over the top of the insulating concrete and the edges turned downward to overlie the side waterproofing to complete the waterproof enclosure of the insulating concrete. After fine sand was poured around the conduit, the trench was backfilled with earth and tamped to compact the backfill. 47. The McGuire system described in finding 46 forms a monolithic embedment for the pipes from one expansion and contraction compensation loop to the next. At McGuire, the compensation loops were spaced at intervals of about 150 feet, and were similar in shape to the loop shown in Figure 10 of the Goff patent reproduced heretofore. The McGuire loops were encased in insulating concrete of about 18 pounds per cubic foot density, and said insulating concrete was encased within a structural concrete box. The accused installation was designed for conveying water at 400° F., and has been in satisfactory operation for over two years. The McGuire system has successfully withstood temperature differentials of at least 150° F. during its operation. 48. The McGuire underground insulated pipe system was installed under construction contract No. DA-36-109-eng4918 between Charles Simkin & Sons, Inc., Hopelawn, New Jersey, hereinafter called Simkin, and the defendant, and 114 Findings of Fact dated 14 August 1953. The underground system was actually installed by the Richmond Asbestos Company, Queens, New York, a subcontractor. The subcontractor Richmond employed Temp 'O' Crete International Corporation, New York, New York, as manufacturer's representative, in accordance with a contract provision requiring such a representative to supervise the installation of the underground conduit. The contract required that the high temperature water lines be enclosed in conduit formed from a plastic mixture consisting of Portland cement, rock exploded into inert featherweight granulous minerals, an integral water-repellent admixture and water, all thoroughly and uniformly machine mixed. The contract provided that the basic ingredients of the mixture consist of the following proportions: Portland cement-- Aggregate Admix. Water---- 100 pounds 8 cubic feet 7 quarts 26 gallons The contract provided that the insulating concrete so obtained have a density of approximately 23 pounds per cubic foot. The underground insulated pipe system installed at McGuire was installed in accordance with the provisions of said contract as amended. 49. The installation contract provided in paragraph j relating to the underground conduit that the pipe supports be placed not more than 10 feet apart and at each end of the conduit section and provided that said pipe supports should carry the weight of the pipe and assure proper alignment. Paragraph D originally provided that the pipe lines be properly supported on insulating blocks spaced as specified. On February 16, 1954, the contracting officer wrote to the contractor, Simkin, as follows: Reference is made to Article 25 of Contract No. DA 36-109-eng-4918, dated 8 September 1953, for Construction of Central Heating Plant, Distribution System and Equipment Rooms at McGuire Air Force Base, Wrightstown, New Jersey. By letter dated 19 November 1953, addressed to you, Richmond Asbestos Company, 54-18 43rd Street, Long Island City, Queens, New York, in referring to the Zonolite letter of 4 November 1953, stated that there is no |