'nDElUL BEPORTEB, vol.
50.
conliainsnO languagedeclarlng or implying that the right of tnanufaottllingtbe should belong, or in any contingency inure, to any ,0ther than 'the, partnership to which it was'" contributed." It is settled law that 8,1icense to use a' patent: isa personal privilege, which terminates with the life ·of the individuaHicenseato which it is granted, unless the grant contains words expressly conferring the power to sell or ·. ,b the absence of such power, if the licensee be a natural per80n and dies" or.an artificial person 'or partnership and ceases to exist, the license expires equally in either case. Oliver v. Chemical 00., 109 U.,S"Rca,S Sup. Ct, ,Rep. 61; Na'ilFactory v.Corning, 14 How. 193; 10 47:7, ,494. When the partnership of Haffcke & QIa*,was dissolved. the license itself expired, and the exclusive right m'the original patentee, unaffected bytbe temPQratyilb:ense., ,The subsequent use dHt by, Clark was an infringement The deeree of tbecourt belowimust be reversed, with and' ,the' C8\:lSe renHlnded to the circuit court ofthe United States 'of withfi, ,direction tcl::enter a decree for the anel fot flilitihor ,proceedings ,in conformity to the opinion of ,:" kid ,'"
BO'l'HE ; :
'P:Arinoqg;;HAWLEY 'lRoN CO. {.,,' ; .' I . : :'\ ( , , ' '
"
of);
,:
(CUrcrutt Ooun oJ ,Appeals, Eigh.th OWCUU, Hay "ij ":'(l PA'l'BNTI J'Oll
INVBNTIONlI-NOVBLTT-AN'l'ICIPATION. ·. Octp)ltll:' 19,1886, tollerman lLBotb:e, were for · 1V ·. on Ii . 1\:6. v,ocket of on$ piece, recta:ngular in cross section, having ,.: ... ' 10&' 'k', and the remaining sidetlinwaTdly inclIned, whereby the stake may ! be" hel.d: aa'a wed e reqnhin4plo other 8UPPOrt. The prior Brownell formo! pocket, , . Wljo8 Of sl :JIil, e, pf, iron, hut was not ca!lt in one piece. . A pocket with Nqt, and VElrtlcl'l hack, and cast in onli' 1'100e, was made for ueeu. ... carsB'ril years prior to the application for the patent. Held, that tI1e'ellsting in ode ' .. . was 'the, only substantial improvement. over prior ,WagOD' all,d was ,alil"oipated by those used on steam oan. \ ;1
;
,;;.,
No.,;:so.
Appeal'fr6m'the Circuit Court of the United' States for tbe Eastern pt\ltp.ct Qf. ,,,, I. . . · ·...', .· " .. by Herman H. :aothe agamst the Paddock-Hawley Iron of lette(s patent No. 351,246, I issued to pock. com pla(nan't October 19,' f8'86 , for an iInproveinent, in wagon dismjssing .tllebill. Complainant appeals. Affirmed. Geo.. and, M. appellaJ;1t· ·.. W.B.t!omer, for appepee. " . Circuit Judges, and SHIRAS, Pisttlct Judger, ' . : ,> ,
Under date of October 19,1886, letters patentwlll'e Issu¥ ,to'ijemian 'R. Bothe, the appellant herein, for an improvefuent in wllgon stake pockets, and the bill in the present cause waa
BOTHElt). PADDOCK"HAW.LEYIBON CO.
filed in the circuit court for the eastern district of Missouri for the purpose of. restraining the defendant compnny, the Paddock-Hawley Iron Company, from making, using, or selling stake pockets of the form of those covered by the to appellant. The answer to the bill denies the validity of the patent for want of novelty, and because the patented article was in.. public .useand on sale by appellant more than tw'q yelirs before the application for the patent was filed. Upan the hearing .before the circuit court the defense of want of novelty was sustained, and a decree was entered dismissing the bill, to reverse which the. cause was duly appealed to this court. The first claim in the patent describes the invention as follows: ".A, pocket for wagon stakes, rectangular in cross section, having a vertical back, with extensions affording means of attachment to the wagon body, and haying. its remaining portion-i. e., the front and sides-inclined inwardly, and tending to one common point, by which construction the stake may be held by wedging therein, it having no other support or supports, substantially as set forth ... The stake used with pockets thus constructed is without a shoulder, has a straight back, with tapering sides and front. The pocket is made or cast in a single piece,and it cannot be denied that through compactness of form, ease of attachment to the wagon sill, and the firmness with which the stllke is held therein, this form of pocket seems to be superior to the other forms>exhibited in the record. On the other hand, no new feature is found therein. In the Brownell form of pocket, which antedates the application for a patent by complainant, are found the tapering sides and front, with a vertical.back, all made of iron, but not made in one. piece, and in this particular the Bothe form unquestionably is a great improvement over the .Brownell pocket. It appears, however, from the testimony of Hoyt H. Green, that pockets having.a straight back with tapering sides and front were cast in one piece for use upon steam cars many years before Bothe applied for his patent, so that it does not' appear .that there is novelty in this feature of the Bothe pocket, and ·yet this is the special 1'ooture which gives it superiority over the Brownell form. Under these circumstances it cannot beaaid that there was patentable novelty in applying the idea of casting the pocket in one piece. From the statements found in the specifications accompanying the application filed by nomplainant, it does not appear that he relied on this feature as the novel one in his combination, and yet, if that is eliminated, it does not appear that there is any substantial difference between the Bothe and Brownell pockets. In our judgment, it is 'the fact that the Bothe pocket is cast in one piece that gives it superiority over the Brownell pocket; but, this not being a hovel feature iIi the manufacture of stake pockets, the patent to Bothe cannot be sustained because that element is found therein. The finding and decree of the circuit court are therefore affirmed at costs of appellant.
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tI.UPSON ':".
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No. 68i.
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,itlg B.ulB-'Il'lPRINGBMENT.' , " ',,' " " ",,',," . In the the handle was fonned of areotangttlarplate, which was f,omt,ed'1b.W 'Ii. CYl,In,4'8," ,i:tM i Dill.t. b.ein,K welded.:.'" This W."B'then raIsed to a welding 1ffil\,PI1W64, 80 tb,lLt \h,e ,blOW: of the, a lap,w:eld " tii:e.1iJid'of , having: lobes or projections at ' .. j \hel\tlt(M¥Jli.Ud\ 'aftei"ljell'!t)forined' lliW a cy:llhder. lobes were benUnwards,' "'-tthe iq l40nlItntl¢ted tqlL,t formation tbey and there
tttb({hii:h8I1liie tti
In tQewanufactture of,cutlery and toofs, consistIng In. siiDqltaneously weldinI' and closing up the op'posIWend'ofthe handle by foq-
¥ar 1,7, 1881,W
TOOLS; aJllmpro'V&-
Repl' 4 1r42' Fed. Rep.·j)30; 43l'«1;Rep., :1 , Edwdrtl/'F; 'Beach llnrdJ'. E. Maynadier, for plaintiffs. .' \fo1Wj, i
. 11'61'1 ril9r loP.·iriions i r.tltiIilr :ther}pateFitSin' litigation, see 40 'Fed. · defllndants.' L' ,: I' ·
In ErUity .
Bill for infringement of patents. .Dislhis!!led; .' .
I SUIPIIIAN,Oircuit J1I1dge. ',This is: a bill in :equity.,whicb Is based. upoh',tlie:aIleged infringement :oflett4lrs patent 471, dated May :l8Sl!. to James foran·improlVememt·in the manufacture of c1111l'r,y:aridtools,' and of letters patent No", 368;061, dated August 9, 1881', W Henry A. Brognard, for:improvements in::the manufacture of hardware;Jiavinghollow handles... Before the date of the butt ends oftbe hollQW hari<Ues" of cutlery' had. been 'olosedup or welded. by striking the tmdB"'itb die,:the blade ,being welded to 'the otherend'of inettlbularbandle at a priol'l or subsequent operation; ,been formed by simultaneously welding a tubular dle'to'ilbladefland.' closing: up the: opposite or butt end of the handle, operation;ibeing performed by: !forging between dies. -The gen&J'& object, i0f.llheiBeecher inNention 'wastX> do this thing. The inventionis:qeseribed,byitbe patentee in his specification as ,follows, omittingthe ,referendesoo,to& dJiawings:, , ',: . "I /provIde a 'tactsDgular'blank of sheet trob, whIch Ii form over a mandrel· Weld rl1P, in cross · dElsil;'1d .,tor: t118 :The size. to. ·.. '" i '" !'\t.eel blade is ot the ordinaryconstruO';' Ifpt9Vltled or tang at barilUe,b1 which U.is umt&i thereto, as presently tobe descrIbed. Tlie tobula't babBle IU1d- b1ad"l :naving,lAAln' raised to a proper welding heat iIl a furnace, are the.D! Tllmqvielfl4ibetefrom.\! The. ial'lg,'of;tbe blade isJns.el'ted into one of the open ends of the handle, and the handle and blade are placed between a pair of forming dies, the conformation of which corresponds with that desired for the handle, and the concavity of which is of slightly less length than the partially formed handle. The application of the impact of a drop hammer to the dies and the contained blade and handle is then made,
t