Parker

Appeal from a final decree dismissing the complaint, with costs to plaintiff. This case, like that of Pomona Fruit Growers’ Exchange v. Stebler, 241 Fed. 123 , — C. C. A. —, decided this day, presents a question of the imposition of costs. In this matter, however, the reissue letters patent No. 12,297 were not involved, for the suit for infringement and injunction to which this case has relation was founded upon two United States letters patent not in issue in the equity suit (1562) referred to in the history of the companion case.

It appears that after entry of the interlocutory decree in case 1562, defendant Parker commenced to make and install certain other fruit grading devices. Proceedings were instituted, and while motion for temporary injunction was on file Parker modified the construction of such machines to avoid the charge of infringement of the two patents sued on. But upon the accounting in 1562 these modified machines *590 were considered by the master and held to be infringements of reissue letters patent No. 12,297, referred to in the companion case, and the profits and damages accruing, from such infringement were included in the accounting and judgment in favor…