England v. Deere & Co.

MERCER, Chief Judge.

By his complaint herein, plaintiff, John W. England, alleges infringement by Deere & Company of Reissue Patent No. 23,927. Defendant filed its answer averring invalidity of the patent in suit and a counterclaim for declaratory judgment that said reissue patent is invalid. Upon issue thus joined, the cause was tried before this court without a jury.

Before entering upon a consideration of the evidence, disposition will be made of defendant’s contention, based upon file wrapper references, that both the original England patent and the reissue patent in suit were improvidently…