Page:Federal Reporter, 1st Series, Volume 2.djvu/221

 214 rBDBBAL BEPOBTEB. �as to other prior tables, or as to drawings of prior tables, as it results from the foregoiag considerations that the bill must be dismissed, with costa. ���BiCKFOBD V. LaPOETJS. �{Circuit Court, D. New Jersey, May 4, 1880.) �Patents — Knitting Machines— Want of Novbltt — Infbin&ement.— Certain patents of complainants for " improvements in knitting ma- chines" considered, and held not void for want of novelty, and that cer- tain machines manufactured by defendants were Intringementa thereon. �On Bill, etc. �Frost e Coe, for complainant. �H. W. Isaacson, for defendant. �Nixon, D. J. This suit is brought for the infringement of four several letters patent, issuedto the complainant, for "improve- ment in knitting machines." The first is numbered 68,595, and dated September 10, 1867; the second numbered 162,- 886, and dated May 4, 1875 ; the third and fourth are re-issues, dated May 11, 1875, and numbered, respectively, 6,423, 6,424; the original of the first-named being numbered 80,121, and dated July 21, 1868, and the second numbered 92,146, and dated July 6, 1869, �The bill alleges that the inventions claimed in said letters patent are of such a character that the same are capable of conjoint as well as separate use, and that the defendant is infringing by using them conjointly, and not separately, on knitting machines. �The defendant, in his answer, denies — (1) the alleged in- fringement; (2) the novelty of the complainant's patents ; (3) the validity of the two re-issues, claiming that they included more than was specilied or revealed in the original patent. , The third defence, as to the re-issues, may be disposed of at the outset. The defendant has not thought proper to put into the case the two original patents, and lien ce the court lias no means of determining whethor the re-issues contain other ����