Decisions Relating to Patents


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. United States Circuit Court - Southern District of New York. LORILLARD CO. VS. DOHAN, CARROLL CO.--TOBACCO PLUG PATENT. Reissued Letters Patent No. 7,362, dated October 24,1876, granted to Charles Siedler upon the surrender of original Letters Patent No. 158,604, dated January 12, 1875, for an improvement in plug tobacco. Wheeler, J. : The decisions in Lorillard vs. McDowell (11 O. G., 640) and Lorillard vs. Mdgeway (16 O. G., 123) upon the question of the identity of the reissue with the original affirmed. The force of English letters patent as references are overcome by evidence showing that the domestic patentee made the invention before the date of the filing of the foreign specification. The use of screws, nails, coins, and other similar things pressed into the surface of the plugs at certain stages of the manufacture to identify some particular plugs to the manufacturers themselves, and not to go out into the market with the plugs, does not anticipate a mode of marking and identifying each separate plug of tobacco as being of a particular quality, origin, or manufacture, by tin labels or tags, having a desired inscription upon them, and prongs extending backward from their edges, pressed into the plugs in the last por-cesses of manufacture, with their faces even with the surface of the plugs, where they would be held by the prongs and the surrounding tobacco. Decree for injunction granted. United States Circuit Court.--Southern District of Ohio. WATKINS VS. CITY OP CINCINNATI.--LAMP BURNER PATENT. Matthews, Cir. J. : Reissued Letters Patent No. 7,706, being a reissue of patent granted Louis Fischer, March 30, 1869, for improvement in vapor burners, Held valid and infringed by burners known as "Globe burner" and "Champion burner." The Fischer patent held to cover vapor burners having a tube or passage arranged to conduct a portion of the oxygenized vapor from the mixing or gas chamber to a point below where the commixture takes place, in order to heat the fluid in the lower part of the chamber. Various prior patents distinguished from the Fischer and held not to embody the invention described and claimed in it. United States Circuit Court--District of Connecticut. PITCH et al. vs. BRAGG co.--SNAP HOOK PATENT. This is a bill in equity founded upon the alleged infringement by the defendants of Letters Patent granted May 16, 1865, to Charles B. Bristol and others, assignees of said Bristol, for an improved snap hook. The patent is owned by the plaintiffs. Shipman, J. : When the claims of a patent are susceptible of various meanings, that construction will be adopted which, in view of the state of the art, limits the patentee to and gives him the full benefit of the invention he has made. The general terms and sometimes special words in the claims must receive such a construction as may enlarge or contract the scope of the claim, so as to uphold that invention, and only that invention, which the patentee has actually made and described, when such construction is not absolutely inconsistent with the language of the claim. (Estabrook vs. Dunbar, 10 O. G., 909.) When there is a new and beneficial result attained by a new arrangement of the parts of a combination, there is a new combination, although the action of certain elements may remain unchanged. When in a snap hook the claim was for a combination of spring and recessed tongue, the recess being so located that by reason of the new location of the spring the hook was made cheaper and easier to clean, Held that it was immaterial whether the action of the spring had been improved or not, provided that there is a benefit which is the result of the new combination. - 4HI-- I Effects of Pilocarpln on the Color of the Hair. Dr. D. W. Prentiss, of Washington, D. C, gives an account of a remarkable change in the color of the hair from light blonde to black, in a patient while under treatment by pilocarpin, the case being one of pyelo-nephritis ; the other being a report of a case of membranous croup, treated by pilocarpin, in which there was also a slight change in the color of the hair.

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