Leishman

Appellant brought an action against ap-pellee for infringement of a patent. Ap-pellee answered, trial was had, findings of fact and conclusions of law were made and filed, and judgment was entered dismissing the action. From that judgment this appeal is prosecuted.

*205 The question is whether we have jurisdiction of the appeal. Though not raised by the parties, the question is here and has to be decided. City and County of San Francisco v. McLaughlin, 9 Cir., 9 F.2d 390 ; Credit Bureau of San Diego v. Petrasich, 9 Cir., 97 F.2d 65, 67 ; Crockett v. United States, 9 Cir., 125 F.2d 547, 549 .

Section 8(c) of the Act of February 13, 1925, c. 229, 43 Stat. 940 , 28 U.S. C.A. § 230, provides: “No writ of error or appeal intended to bring any judgment or dncree before a circuit court of appeals for review shall be allowed unless application therefor be duly made within three months after the entry of such judgment or decree.” With respect to appeals from judgments in civil actions, rule 73(a) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, provides: ■“When an appeal is permitted by law from a district court to a circuit court of appeals and within the…