v0862-157

Document Title Page

Oltrrmt Olourt of Apjala

3Ror tljp Nttttlj (Utrrutt

MAY TERM, 1914.

DIAMOND PATENT COMPANY,

a Corporation,

Plaintiff and Appellant,

vs, ^

    1. CARR COMPANY, a Corpor-(

ation,

Defendant and Appellee.

APPELLEE'S ANSWER BRIEF.

In this action the plaintiff alleges that the de-

fendant has infringed its Patent No. 801,944, for

an improvement in showcases, applied for October

3, 1904, and issued October 17, 1905, to Fred

Weber and thereafter assigned to the plaintiff.

It was stipulated that showcases in use by defend-

ant were substantially like the patented cases and

no controversy arises unil he defenses are reached.

The defendant contends that the patentee was

not the original or first inventor of the thing

patented and that the thing patented had been in

public use and on sale in this country for more

than two years prior to the application for the


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