Arrott v. Standard Sanitary Mfg. Co.

ACHESON, Circuit Judge.

Every defense which may be a full answer to the merits of a bill in equity is not, of course, to be considered as entitled to be brought forward by way of plea. Story, Eq. PI. § 952. The true, end of a plea is to save the parties the expense of the examination of the witnesses at large, and the defense proper for a plea is such as reduces the cause, or some part of it, to a single point. Id. This is a suit in equity for the infringement of a patent, and the bill is in the usual form. The defendant has filed a plea setting up the prior invention and use by one Marschute…