FRIEND v. BURNHAM & MORRILL CO.

No. 922.

40 F.2d 662 (1930)

FRIEND et al. v. BURNHAM & MORRILL CO.

District Court, D. Maine, S. D.

May 12, 1930.


Attorney(s) appearing for the Case

Bradley, Linnell & Jones, of Portland, Me., R. J. Mawhinney, of Washington, D. C., and Strout & Strout, of Portland, Me., for plaintiffs.

Francis J. V. Dakin, of Boston, Mass., for defendant.


PETERS, District Judge.

This is a bill in equity for the infringement of letters patent No. 1,496,458, issued on June 3, 1924, to the individual plaintiffs for a method of preparing canned baked beans. A motion to dismiss was made by the defendant under Equity Rule 29 (28 USCA § 723) on the ground that the patent was void on its face for the want of patentable novelty and invention. "While patent cases are usually disposed of upon bill, answer, and proof, there...

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