Appleton v. Ecaubert

Lacombe, Circuit Judge.

This is a suit in equity, brought under section 4918, Rev. St. U. S., which provides “that whenever there are interfering patents * * * the court [in such suit] * * * may adjudge and declare either of the patents void in whole or in part,” etc. A special examiner to take testimony in the city of Washington, D. C., was duly appointed, and on the 27th and 28th days of January one William Burke, an examiner in the patent-office, was examined on behalf of the complainants, but not cross-examined; his further examination, together with that of other witnesses, being…