Bestwall Mfg. Co. v. United States Gypsum Co.

BAKER, Circuit Judge.

Respondent is the owner of two patents, No. 1,029,328, June 11, 1912, and No. 1,034,746, August 6, 1912, issued on application of Utzman for a method of making plaster board and for the product. In July, 1919, respondent had a decree against petitioner holding that the patents were valid and infringed; and on January 4, 1921, the decree was affirmed by this court. Bestwall Mfg. Co. v. United States Gypsum Co., 270 Fed. 542. Petitioner’s answer took direct issue with the allegation of the bill that Utzman was the first and true inventor.

Petitioner seeks to open the decree…