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HATMAKER v. DRY MILK CO.

29 F.2d 918 (1929)

HATMAKER v. DRY MILK CO.

District Court, S. D. New York.

January 4, 1929.

Attorney(s) appearing for the Case

James Robinson Hatmaker, in pro per.

Briesen & Schrenk, of New York City (Fritz v. Briesen, of New York City, of counsel), for defendant.

THACHER, District Judge (after stating the facts as above).

In a suit upon a reissued patent it is a good defense to show from the Patent Office record that there was no inadvertence, accident, or mistake in drawing the specification and claims of the original patent, for the statute (R. S. § 4916 [35 USCA § 64]) only authorizes reissue when the original is defective by inadvertence, accident, or mistake. Mahn v. Harwood, 112 U.S. 354

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