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WAERN v. CARTER

No. 2036.

26 F.2d 561 (1928)

WAERN v. CARTER.

Court of Appeals of District of Columbia.

Decided May 7, 1928.

Attorney(s) appearing for the Case

M. T. Fisher, of Washington, D. C., and G. H. Mitchell and L. J. Doolittle, both of New York City, for appellant.

Daniel L. Morris, of Washington, D. C., for appellee.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.

MARTIN, Chief Justice.

Carter is the senior party, his application having been filed on July 8, 1922. Waern's application was filed on March 23, 1923. While the applications were copending a patent was issued to Carter. It is conceded that the burden of proof rests upon Waern to sustain his case by a preponderance of the evidence.

The invention relates to pasting machines, designed to paste sheets of paper, particularly lithographs, on the opposite sides of...

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