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Reporter's Statement of the Case

or canyon wall are closed by three similar domes which are egg-shaped in contour, the center dome being supported by the two buttresses and the two outer domes each being supported by one of the buttresses and adjacent canyon wall.

15. The spheroidal shape or contour of the domes used in the Coolidge Dam originated from the normal shape of a hen's egg, the shell of which by virtue of its shape possesses relatively great strength with respect to the thinness of its walls.

Illustrated below is a figure taken from plate 5 of plaintiffs' exhibit 2 showing a section through the center line of a dome.

To this figure has been added in dotted lines the total spheroidal contour in order to better visualize the egg-shape of the dome.

The dome surfaces are arranged with their axes of revolution inclined at an angle of 41 degrees and 20 minutes to

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Reporter's Statement of the Case

the horizontal, and with the smaller end of the egg-shape at the base.

The upper part of the dome surface lies substantially in a horizontal plane, this portion, as indicated in the drawing by the reference character A, receiving no water pressure but being designed as an arch-section to support the roadway.

The upstream or water pressure faces of the domes are curved in all directions and no approximately straight line can be drawn upon or lie within the faces in any direction, nor can an approximately straight line be drawn upon or lie within the upstream face of the domes from any point in the crown and in a vertical plane to the base.

16. The line YY indicates the maximum diameter of the spheroidal figure shown in connection with finding 15. This line intersects the upstream face of the dam dome section at a point approximately 70 feet from the roadway measured along the upstream surface of the dam. The intersection of the maximum diameter YY with the upstream face of the dam occurs at approximately elevation 2,505; the top of the dam is elevation 2,533, and the bottom of the dam is elevation 2,284. The point of maximum radius is therefore 221 feet above the bottom of the dam, which, expressed in percentage, is 88.7% of the total vertical height of the dam. The remaining distance of the intersection from the point of maximum radius to the top of the dam or roadway is 28 feet or, expressed in percentage, 11.3% of the total vertical height of the dam.

17. The upstream surfaces of the domes are surfaces of revolution with the axes of revolution of the domes inclined at an angle of 41 degrees and 20 minutes. Only planes which are at right angles or normal to the axes of revolution and which therefore are inclined to the horizontal at an angle of 48 degrees and 40 minutes, will intersect the upstream surface of the domes in such manner as to produce a circular curve having a radius. The circular curves or curvatures thus produced by the intersection of these planes are not horizontal curvatures. Any horizontal curvatures produced by intersecting either the upstream or down

Reporter's Statement of the Case

stream of the dome surfaces by horizontal planes are compound curves which do not possess a single radius but instead have a plurality of radii.

18. The downstream face or inner surface of the domes is not a surface of revolution, the curvature of this surface being compound or three-centered as shown in the series of drawings showing sections normal to the axis of rotation, which drawings are defendant's exhibit 8 and are by reference made a part of this finding.

19. From elevation 2505 (point of maximum radius) to the bottom of the dam or 88.7% of the total height of the dam, the horizontal curvatures of the upstream and downstream dome surfaces not only differ from the disclosure of the patent in suit, in that the horizontal curvature is a compound curvature and therefore does not possess a single radius, but the horizontal curvatures of both the upstream and downstream faces of the domes increase or become more abrupt progressively downward, the radii for this portion thereby decreasing downwardly.

From the crest or roadway of the dam down to the point of maximum radius, which is 11.3% of the total height of the dam, the compound horizontal curvatures of both the upstream and downstream faces closely approximate circular curvatures and through this portion of the dam the radius of these horizontal curvatures increases downwardly. 20. Plaintiffs through their attorney notified the Department of the Interior in a letter dated September 21, 1928, of the existence of the Binckley patent in suit, inclosing a copy thereof in said letter and calling attention to the alleged infringement thereof by the construction of the Coolidge Dam. The receipt of this letter was acknowledged by the Office of the Secretary of the Interior on October 1, 1928, and these papers which are plaintiffs' exhibit 7 are by reference made a part of this finding.

21. More than two years prior to the filing of the application which matured into the patent in suit, the following United States letters patent had been issued:

W. Schmolz, #165371, patented July 6, 1875;
J. D. Derry, #474988, patented May 17, 1892;

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