. United States Court of Appeals For the Ninth Circuit. aring Bed Company,Bernhard Mattress Company andCharles O. Pelletier, Appellants. vs. Murphy Wall Bed Company andMarshall & Stearns Company, Appellees. BRIEF ON BEHALF OFPLAINTIFFS-APPELLEES WILLIAM K. WHITE, Solicitor and Counsel for Plaintiffs-Appellees. The Jamea H. Barry Co., San Francisco. INDEX OF HEADINGS PageI. Preliminary Remarks 1 II. The Murphy Invention, Disclosed in Reissue Pat-ent No. 13,428, is of a Broad vScope and Stands atthe Head of a New Class in the Wall Bed .^ 9 III. Murphys Preferred Form of Embodiment of His Gen
. United States Court of Appeals For the Ninth Circuit. aring Bed Company,Bernhard Mattress Company andCharles O. Pelletier, Appellants. vs. Murphy Wall Bed Company andMarshall & Stearns Company, Appellees. BRIEF ON BEHALF OFPLAINTIFFS-APPELLEES WILLIAM K. WHITE, Solicitor and Counsel for Plaintiffs-Appellees. The Jamea H. Barry Co., San Francisco. INDEX OF HEADINGS PageI. Preliminary Remarks 1 II. The Murphy Invention, Disclosed in Reissue Pat-ent No. 13,428, is of a Broad vScope and Stands atthe Head of a New Class in the Wall Bed .^ 9 III. Murphys Preferred Form of Embodiment of His Generic Invention 16 Murphys Second Species Patent 32 IV. Validity of Patent No. 13,428 as a Reissue 3.^ Claims 13 and 14 for Same Invention 43 Anderson Patents 4() V. Murjihy Patent Litigation 40 \ I. General Use ^2 \ II. Foreign Patents on Muri)hy Invention 59 \I1I. Second Murphy Patent in Suit 61 IX. Infringement 63 X. Conclusion ••^>..!. THE MURPHY BED As sold throughout United States and Canada by licensees underMurphy letters To attain absolute simplicity is the highest trait of genius. A standard size double bed, over four feet wide, adapted to bemoved about vertical axis thru three foot opening and concealedin standard closet space behind standard closet door, only threefeet wide. IN THE ISinxtth ^tat^fi Olirrmt Olourt nf Appeals FOR THENINTH CIRCUIT PerfectiOx\ Disappearing Bed Company, Bernhard Mattress Company and Charles O. Pelletier, Appellants, f t^t^ \ No. VS. ) , , 3456 Murphy Wall Bed Compaivy andMarshall & Stearns Company, Appellees. Brief on Behalf of Plaintiffs-Appellees I. PRELIMINARY REMARKS This case comes before this Court on an appealfrom an interlocutory decree adjudging the two let-ters patent in suit valid and infringed. Such decreewas made after a trial in open court before hisHonor, Judge Wm. C. Van Fleet. For the sake of clearness and convenience, we here- after shall refer to the appellants as the defendantsand to the appellees a
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