Page:Federal Reporter, 1st Series, Volume 1.djvu/350

 342 FEDEEAL EEPOETER. �inventer of what was covered by reissue No. 5,799, or that powders such as those involved in this motion did not infringe said reissue, or that Dittmar should withhold the testimony which he now brings forward. �There must be a preliminary injunction against Dittmar and the Dittmar Powder Manufacturing Company, as to pow- ders like the samplesNo, 1 and No; 2. The plaintiff does not make out a case for an injunction against any of the other defendants. It does not offer any proof as to any articles made according to the Dittmar patent, and, therefore, it is unnecessary to refer to that patent, and none of the defend- ants but Dittmar and the company are shown to have been connected withthe said samnlpH ���Dittmar v. Eix and another. {Circuit Court, 8. D. New York. March 13, 1860.) �Patent— CoMPODND Made by Patented Pkocbss. — A patent eontaining two claims, the one for a certain process set forth, and the other for a. certain compound made by the process set forth, is not infringed by the -manufacture of a similar compound, not made by the patented process. �Motion for preliminary injunction to restrain the infringe- ment of letters patent. �Everett P. Wheeler and Clarence Lexow, for plaintifiF. �George Gîfford and Gausten Browne, for defendants. �Blatchfoed, J. This is a motion for a preliminary injunc- tion to restrain the infringement of letters patent granted to the plaintiff, January 18, 1870, for an "improvement in ex- plosive compounds. " The specification states that the pat- entee has invented an explosive agent which he calls "Dualin, and which is to be used instead of other explosive agents, such as powder, gûn-cotton, nitro-glycerine, dynamite, etc." It proceeds : "Dualin is a yellowish brown powder, resem- bling in appearance Virginia smoking tobacco. It will, if lighted in the open air, burn without exploding ; but, if con- fined, it may be made to explode in the same manner as com- ��� �