Buxton, Inc. v. Gardner

MOORE, District Judge.

This is an action for patent infringement and the issue presented arises from a motion by defendant for a more definite statement or bill of particulars under Rule 12(e) of Federal Rules of Civil Pro*352cedure, 28 U.S.C.A. following section 723c. Defendant has asked for five particulars, three of which have been answered voluntarily by plaintiff. Numbers 4 and 5, however, are objected to by the plaintiff. They are:

4. Define precisely what plaintiff asserts or claims is new and patentable in each of the claims of the patents in suit charged to be infringed.

5. Designate…