Ross v. City of Ft. Wayne

WOODS, Circuit Judge.

The court did not overlook the question of the insufficiency of'the bill for the failure to aver that the alleged invention had not been “patented or described in any printed publication in this or in any foreign country.” The court below had declared the bill amendable in that respect, as it clearly was, if defective, and we deemed it an immaterial question. If we had considered it, and had conn; to one conclusion or the other, our decision upon the appeal would have been (he same. The question upon which the judgment of the court below turned was the question which we…