357 Reporter's Statement of the Case plaintiff's Exhibits 19 to 21, inclusive, which are by reference made a part of this finding, plaintiff's Exhibit 20 being reproduced herewith for the purpose of illustration. The antenna comprises a vertical metallic tower, pyramidal in shape and of approximately square cross-section, mounted on a concrete base extending two feet above the ground surface. An insulator is interposed at each of the corner legs of the tower and a center strain insulator is provided, all of which insulators function to insulate the radiating portion of the tower from the earth. These insulators are located in a plane eight feet above the concrete base of the tower, and ten feet above the ground. A conventional buried ground system comprising wires extending radially in all directions from the tower is associated with each tower and is connected to the grounded side of the exciting means for the tower. A metal framework supports a horizontal reticulated metal netting or screen, which is positioned approximately two feet below the insulators and eight above the surface of the ground. This screen is approximately fifty feet square, the length of each side thereof being approximately eight times the length of each side of the base of the tower, the spacing of the tower legs being six feet. This screen is grounded by being electrically connected to the buried ground system at the center and at the periphery of the screen. 15. The ground screen as used in the Government structures possesses the dual function of providing a uniform electrostatic capacity for each tower, regardless of varying heights of snow or vegetation in the vicinity of the tower, and for reflecting energy which would be normally lost in the absence of such screens, and returning it to the tower. 16. The terminology of claim 4 of the patent in suit is applicable to the Government structure. 17. Claims 5 and 7 of the patent in suit contain phraseology specifying a definite relationship or location of the screen with reference to the insulators. These claims are in accord with the illustrated embodiment of the invention as shown in the drawings of the patent in suit, in which Reporter's Statement of the Case 95 C. Cls. the ground screen is mounted against the brackets at the lower end of the insulators. For convenience, these claims are herewith repeated, with the limiting phraseology italicized: 5. In a radiating tower antenna, a base support, insulators mounted on said support, and a condenser formed by metallic members on the opposite ends of said insulators comprising a grounded electrically conducting metallic plate disposed on the ends of the insulators closer to the ground and a metallic tower structure disposed above said insulators. 7. In a radiating tower antenna, a base support, insulators mounted on said support, and a condenser formed by metallic members on the opposite ends of said insulators comprising a grounded electrically conducting metallic plate member disposed in a plane substantially perpendicular to the axis of said tower on the ends of the insulators closer to the ground and a metallic tower structure disposed above said insulators. 18. The phraseology of claims 5 and 7 is not applicable to the Government structure in which the screen is located two feet below the insulators. PRIOR PATENTS AND PUBLICATIONS 19. The prior art cited by the Patent Office during the prosecution of the application which matured into the patent in suit is as follows: U. S. Patent No. 767,974, issued August 16, 1904, to John Stone Stone, plaintiff's Exhibit 7-A; U. S. Patent No. 1,647,283, issued November 1, 1927, to Abraham Esau, plaintiff's Exhibit 7-E; U. S. Patent No. 1,694,135, issued December 4, 1928, to Alexander Meissner, plaintiff's Exhibit 7-F; U. S. Patent No. 1,747,027, issued February 11, 1930, to Ernest Y. Robinson, plaintiff's Exhibit 7-D; U. S. Patent No. 1,752,864, issued April 1, 1930, to Laurens A. Taylor, plaintiff's Exhibit 7-C; U. S. Patent No. 1,783,072, issued November 25, 1930, to Henri Chireix, plaintiff's Exhibit 7-G; U. S. Patent No. 1,839,426, issued January 5, 1932, to Graf G. von Arco et al., plaintiff's Exhibit 7-B; U. S. Patent No. 1,963,014, issued June 12, 1934, to Roy W. Brown, plaintiff's Exhibit 7-H; and British Patent No. 338,982, issued December 1, 1930, to H. L. Kirke, plaintiff's Exhibit 7-I. 357 Reporter's Statement of the Case Copies of these patents, as enumerated above, are by reference made a part of this finding. 20. In addition to the art cited by the Patent Office during the prosecution of the patent in suit, the following patents and publications were available to those skilled in the art on the respective dates indicated: U. S. Patent No. 706,746, granted August 12, 1902, to R. A. Fessenden, defendant's Exhibit 57-A; U. S. Patent No. 693,651, granted July 4, 1905, to R. A. Fessenden, defendant's Exhibit 57-B; U. S. Patent No. 1,929,845, granted October 10, 1933, on an application filed September 29, 1930, to S. C. Haynes, defendant's Exhibit 57-G; U. S. Patent No. 1,937,964, granted December 5, 1933, on an application filed April 6, 1932, to R. L. Jenner, defendant's Exhibit 57-I; Principles of Wireless Telegraphy, by George W. Pierce, published 1910, pages 316, 317, defendant's Exhibit 57-C; Wireless Telegraphy, by Bernard Leggett, published 1921, defendant's Exhibit 57-D; Radio Telephony for Amateurs, by Stuart Ballentine, published 1922, pages 33 to 36, and 58 to 90, inclusive, defendant's Exhibit 57-E; Admiralty Handbook of Wireless Telegraphy, published 1925, pages 432, 433, defendant's Exhibit 57-F; Air Commerce Bulletin, published July 15, 1932, pages 33 to 45, inclusive, defendant's Exhibit 57-J; and Specifications Nos. 555 and 556, published March 3, 1932, defendant's Exhibits 57-K and 57-L, by the Department of Commerce, Aeronautics Branch, Lighthouse Service Airways Division. Copies of these patents and publications, as enumerated above, are by reference made a part of this finding. 21. The following prior art patents relate to and disclose radio antenna of the self-supporting tower type: U. S. Patent to Brown, No. 1,963,014, issued July 12, 1934, plaintiff's Exhibit 7-H; U. S. Patent to Haynes, No. 1,929,845, issued October 10, 1933, defendant's Exhibit 57-G; U. S. Patent to Jenner, No. 1,937,964, issued December 5, 1933, defendant's Exhibit 57-I. These patents all disclose a radio antenna tower of the selfsupporting type comprising a plurality of upright members |