Page:Federal Reporter, 1st Series, Volume 1.djvu/312

 304 FEDERAL REPORTER. �the defendants, who, in receîving it, acquired no greater right than the bank had. �It is ordered that a decree be entered for the payment by the defendants to the orators of the sum of $4,360.19, gold, received by the defendants from the Basler Bank Varein, with costs. ���Page, Adm'r, and another, v. The Holmes Bubglab Alabm Telegraph Company. �(Oirouit Court, 8. D.Mw York. February 17, 1880.] �Patent — Emplote in Patent Office— Invention Pkiob and Patent BuBSEQUEi^T TO E\rPLOYMBNT — AcT op.luLY 4, 1836. — The second section of the aot of July 4, 1836, (5 U. S. Stat. at Large, § lis,) disqualifying an employe in the patent office from acquiruig au interest in a patent, does not disqualify such employe from obtaining a patent, after such employment bas ceased, for an invention made prior to the commence- ment of such employment. �8AMB — AbANDONMENT — PhOPERTT dp GENERAL PUBLIC IN THE INVEN- TION— PaTKNT SUBSKQUBHTLT ALLOWED BT ACT DP CONQHESS. — The �consent of the inventer to the public use of his invention, or the with- drawal of his application for a patent, does not vest any right of prop- erty in the general public, in the sense of the fifth amendment to the constitution of the United States, so as to prevent the subsequent allow- ance of a patent for such invention, by act of congress, unless there was, in a particular case, a reduction of the invention to use and practioe, by its embodiment in some apparatus prior to the issue of such patent. �Infringement of patent. �BiiATCHFOKD, J. This suit is founded on reissued letters patent granted October 10, 1871, to Priscilla W. Page, admin- istratrix, etc., of Charles G-. Page, deceased, and the Western Union Telegraph Company, for improvements in induction coil apparatus and circuit-breakers, the original patent hav- ing been granted. to said Page April 14, 1868. It was granted tmder an act of congress approved March 19, 1868, (15 U. S. Stat. at Large, 356,) which provides as foUows: "The com- missioner of patents is hereby authorized to receive and entertain a xenewal of the application of Charles Grafton Page, for letters patent for his induction apparatus and cir- ��� �