Bankers' Utilities Co. v. Pacific Nat. Bank

GILBERT, Circuit Judge.

The appellees present a petition for modification of the mandate sent down by this court in the above-entitled cause; the court having found that the deeree of the court below dismissing the suit was eiToneons, and that claim 6 of the patent sued upon was valid. It is now represented that the mandate was erroneous, in allowing the appellants costs on the appeal, and that the case comes within the provisions of section 973, Rev. Stat. (28 USCA § 821; Comp. St. § 1614), which provides in substance that if, in a suit for infringement of a patent, it appears that the…