v0798-121

No. 2232.

United States

Circuit Court of Appeals

FOR THE NINTH CIRCUIT.

Fred Stebler,

Complainant and Appellant,

vs.

Riverside Heights Orange Grow-

ers Association and George D.

Parker,

Defendants and Appellees.

APPELLANT'S OPENING BRIEF.

This is an appeal from a decree of the District Court

of the United States for the Southern District of CaU-

fornia, Southern Division, dismissing on the ground of

non-infringement appellant's bill of complaint.

The bill of complaint is based upon re-issue letters

patent number 12,297, granted for the invention of

Robert Strain. The invention is a machine for grad-

ing or separating fruit according to its sizes.

The District Court decree that appellant was the sole

owner of the letters patent in suit and that said letters

patent were good and valid in law and that the claims

upon which the suit was founded, to-wit: claims one

(I) and ten (10) thereof, were both good and valid

claims and that Robert Strain was the original, first

and true inventor thereof.

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