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MUMM v. JACOB E. DECKER & SONS

No. 10552.

86 F.2d 77 (1936)

MUMM v. JACOB E. DECKER & SONS.

Circuit Court of Appeals, Eighth Circuit.

November 2, 1936.

Attorney(s) appearing for the Case

Ralph F. Merchant, of Minneapolis, Minn. (Merchant & Kilgore, of Minneapolis, Minn., on the brief), for appellant.

Maurice M. Moore, of Minneapolis, Minn. (R. F. Clough, of Mason City, Iowa, and Paul, Paul & Moore, of Minneapolis, Minn., on the brief), for appellee.

Before STONE, WOODROUGH, and THOMAS, Circuit Judges.

STONE, Circuit Judge.

This appeal is from a decree entered after sustaining a motion to dismiss a bill of complaint in a suit for patent infringement.

The sole question here is whether a so-called "short" bill in a patent infringement suit is sufficient. A "short" bill is one that omits to allege that the invention involved in the suit was not known or used by others in this country prior to the inventor's discovery thereof and not patented, or described in...

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