Willard

This is an appeal from an order denying a motion for a sup- ■ plemental decree to extend an injunction which had been issued in an equity suit wherein Willard and Wilson were plaintiffs and Union Tool Company was defendant, for the infringement of' letters patent No. 1,064,270, for improvements in well-boring apparatus, and injunction and accounting. Willard v. Union Tool Co., 253 F. 48 , 166 C. C. A. 646 .

In that ease the District Court held that all the claims of the patent were void and dismissed the suit, but upon appeal this *265 court, while affirming the decree dismissing the suit as to elaims 1, 2, 3, 4, and 5, reversed it as to the other elaims, and remanded the cause for further proceedings. Our opinion was based upon the view that the contest was not one between two rival patentees, hut was between the owners of the patent and persons admitted to be infringers if the elaims of the patent were sustainable. In other words, decision turned upon the question of who was the inventor of the device included in the claims of the patent.

After remand, disclaimer on elaims 1 to 5 was filed, and interlocutory decree was entered, finding claims 6 to 9 valid, and enjoining the…