Richards v. Meissner

SMITH McPHFRSON, District Judge.

The motion of defendants to strike from the files certain evidence will be sustained, part of it because taken at a time beyond that fixed by the court. But the important question is with reference to evidence not covered by an issue presented by the pleadings. The bill of complaint is filed under section 4915 of the Revised Statutes (U. S. Comp. St. 1901, p. 3392). It appears from the bill that the parties had a long drawn-out and a vigorously contested hearing before the Commissioner of Patents as to who should have the patent. It was awarded to defendants.…