v0798-301

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.

REPLY BRIEF OF APPELLANT.

The trial court decreed that claims i and lo were

good and valid in law. No appeal has been taken from

such decree by defendants, although after the court

announced that it found the patent in suit valid and

that said claims i and lo were not anticipated by any-

thing shown in evidence by defendants, defendants in-

sisted upon the decree setting forth such finding of

validity. Defendants are, therefore, met in limine with

the question: is the validity of such patent or of either

of such claims open to question by them in this court

upon appellant's appeal? The assignments of error

raise the single question of infringement.

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