Walker

This is an appeal from an order of the District Court entered July 25, 1933, denying plaintiff’s motion to retax the costs after the cause was remanded to the district court by this court. The principal complaint of the appellant is as to items of expense, amounting to $542.55, for the taking of depositions in an interference proceeding in the Patent Office between appellant Walker and one Chase. The appellant claims that as these depositions were taken in an interference proceeding the costs of the taking thereof should not be allowed in the case at bar notwithstanding the stipulation that they might be introduced in evidence in this case. Appellee claims that these depositions were taken in both eases; that is, in the interference proceeding and in the ease at bar.

The next item is one for the sum of $22.20 covering carbon copies of the depositions. The appellant in that regard states: “Defendant cannot he allowed to recover costs for a ‘carbon copy’ furnished free to plaintiff: under an agreement which merely provided that as each party took depositions, either in the Patent Office or in the court proceedings, he would supply the other party with a free copy, as a matter of…