Wall v. Leck
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Southern District of California. This was a bill by W. I». Wall and others against Henry Leclc for infringement of letters patent No. 445,342, issued January 27, 1891, to W. 1!. Wall, M. S. Jones, and A. D. Bishop for a process for fumigating trees and plants.
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Appeal from the Circuit Court of the United States for the Southern District of California. This was a bill by W. I». Wall and others against Henry Leclc for infringement of letters patent No. 445,342, issued January 27, 1891, to W. 1!. Wall, M. S. Jones, and A. D. Bishop for a process for fumigating trees and plants. The circuit court sustained a demurrer to the bill on the ground that the patent .was void on its face for •want of patentable novelty and invention. 61 Fed. 291. Complainants appealed.
1Opinion of the Court
HAWLEY, District Judge.
This suit was brought by appellants against the appellee for an alleged infringement of letters patent No. 445,342, issued January 27, 1891, to appellants for a process of fumigating trees and plants, for an accounting of profits alleged to have been realized by the appellee, and for an injunction, etc. A demurrer was interposed to the bill of complaint upon the ground “that it appeareth by the complainants’ own showing by the said bill that they are not entitled in a court of equity to the relief prayed for by the bill against this defendant, or any relief touching the…
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