Western Electric Co. v. Sperry Electric Co.

WOODS, Circuit Judge.

Upon questions already considered, the court is content with its opinion. The petition for a rehearing treats mainly of a proposition which was not presented either to this court or the court below7. Indeed, it was not directly in issue, and, being of the nature of matter in abatement, perhaps could have been made an issue only by a special plea. It is claimed now that the question is before us because of the statement made by the court in its opinion, in respect to the question of infringement, that “the first claim of the Sperry patent, and other claims not quoted, are…