Zenith Carbureter Co. v. Stromberg Motor Devices Co.

TUTTLE, District Judge.

"This is a motion, the first of its kind that has been brought before me under the new equity rules, asking *159that the bill of complaint in this cause be dismissed for failure to include and set up therein matter set forth in sections 4883, 488b, and 4887 of the Revised Statutes (U. S. Comp. St. 1901, pi). 3381, 3382). These sections in question deal with the requirements which constitute conditions precedent to the grant of letters patent of the United States, such as the fact that the device of the patent has not been in public use or on sale in the United States or its…