Midwest Mfg. Co. v. Staynew Filter Corp.

KNIGHT, District Judge.

This is a patent suit. Plaintiff moves for leave to file a voluntary bill of particulars. The motion is made under federal equity rule 20 (28 USCA § 723). It is the claim of the plaintiff that the purpose of this motion is merely to narrow the issues. It asserts that the issues are not changed and that proof of the matters proposed to be included in the bill of particulars could be made under the existing complaint. Defendant claims that proposed bill of particulars interposes new charges in the complaint, and that plaintiff’s remedy, if any, is by amendment rather than…