India Rubber Comb Co. v. Phelps

BLATCHFORD, District Judge.

This is a suit in equity, founded on the alleged infringement of letters patent granted to William Pauley, December 17, 1867, for an “improvement in combs,” and assigned to the plaintiffs. The bill was filed June 22, 1869. The answer, which was filed September 6, 1869, sets up that Pauley was not the inventor of the improvement claimed, and also denies any infringement. It does not set up *32any prior knowledge or use of the invention. A replication was put in to the answer, and evidence was taken on the part of the defendant, with a view to show that Pauley did not…