O'Nate

This is an appeal from a final judgment in a suit in equity for an injunction and an accounting based on the alleged infringement of patent No. 1,582,50o1, issued to the plaintiff, Theodore P. Bahr, for a method of cutting the back of the front seat of an automobile arid inserting a binge joint so- that the back of the séat could be lowered to a horizontal position so as to form a bed, together with the seat cushions of the front and back seats.

The bill of complaint alleges that the plaintiff was the owner of the patent in question issued April 27, 1926, and that the defendant had committed acts of infringement. Immediately upon the filing of the complaint, the appellant abandoned the use of the patented device, and there is no finding that after that date he had used the patented method. The bill of complaint fails to allege that notice was given to the defendants or to the public that the plaintiff’s device had been patented “either by fixing thereon the word ‘patented,’ together with the day and year the patent was granted,” or “that the defendant was duly notified of the infringement, and continued, after such notice, to make, use, or vend the article so patented.” Rev. St.…