Zell

This is the fifth time that the patent in suit has been before this court. Our previous decisions in this litigation are reported in Bankers’ Utilities Co. v. Pacific Nat. Bank, 18 F.(2d) 16 ; Id., 22 F.(2d) 680 ; Id., 32 F.(2d) 105 , and Bankers’ Utilities Co. v. National Bank Supply Co., 53 F.(2d) 432 .

The present appeal is from a final decree adjudging the appellant to be an infringer and to be liable for profits and accounting costs, and there is also an attempted appeal from an order denying a motion to resettle the final decree, so as to eliminate therefrom all reference to the appellant personally. The final decree also runs against two corporate defendants, which, however, have not appealed.

Action was originally brought by the appellees against the Pacific National Bank for infringement of Patent No. 1,460,716. The National Bank Supply Company, Inc., intervened, and thereafter this court, on March 18, 1927, reversed the decree of the District Court and held the defendant and the defendant-intervener to have infringed the appellees’ patent. The court below entered an interlocutory decree, pursuant to the mandate of this court, appointing a special master to take and…