American Cereal Co. v. Oriental Food Co.

U.S. Circuit Court for the Northern District of Illnois

American Cereal Co. v. Oriental Food Co.

145 F. 649, 1906 U.S. App. LEXIS 4789

CourtU.S. Circuit Court for the Northern District of Illnois

DecidedFebruary 2, 1906

DocketNo. 27,964

StatusPublished

This text of 145 F. 649 (American Cereal Co. v. Oriental Food Co.) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the Northern District of Illnois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Cereal Co. v. Oriental Food Co., 145 F. 649, 1906 U.S. App. LEXIS 4789 (circtndil 1906).

Pincite

Opinion

KOHRSAAT, Circuit Judge.

This cause comes before the court ou special demurrer. The ground stated is that the bill does not negative the seven months’ clause of section 4887 of the Revised Statutes |U. S. Comp. St. 1901, p. 8382], in force at the date of the application for the patent in suit. I am of the opinion that, in a proceeding for infringement oí a patent, the provisions of that section constitute matters of defense and must be set up in an answer, and not by demurrer.

The demurrer is overruled.

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KOHRSAAT, Circuit Judge.

This cause comes before the court ou special demurrer. The ground stated is that the bill does not negative the seven months’ clause of section 4887 of the Revised Statutes |U. S. Comp. St. 1901, p. 8382], in force at the date of the application for the patent in suit. I am of the opinion that, in a proceeding for infringement oí a patent, the provisions of that section constitute matters of defense and must be set up in an answer, and not by demurrer.

The demurrer is overruled.

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Bluebook (online)

145 F. 649, 1906 U.S. App. LEXIS 4789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-cereal-co-v-oriental-food-co-circtndil-1906.