Page:Federal Reporter, 1st Series, Volume 2.djvu/232

Rh defendants, with costs, unless within five days defendants apply on affidavit for leave to amend, in which case the entry of judgment or further order will await the determination of such motion.

Nathax and others v. New York EIvËvated Railroad Co.

(Circuit Court, 8. D. New York. March 10, 1880.)

Patent — Description in Priob Patent ob Ptjbijoation. — A patent, or printed publication to Qefeat a patent subsequently obtained must de- scribe the invention io as to enable one skilled in the art to which it beJoTîgs or pertains to construct and use it �Same— Subsequent Patbnteb — A subsequent patentee can acquire no right ic the de vices of a former patentee included in hls machine. �Same— FoREiGN Patent pob Bame Invention. — ^Where a patent for the Rame invention has been granted in a foreign country, prior to the one allowed in this, the patent here will run 17 years from the date pf the issuance of the foreign patent. �Same— Injectors for Steam Boilers.— Olaims of certain patents for improvements in injectors for boiler» determined. �In Equity. �Edmund Witmore, for complainants. �George Harding and F. C. Chambers, for defendant. �Wheeler, D. J. This suit is brought upon letters patent No. 67,057, dated August 7, 1866, issued to James Gresham for an improvement in injectors for boUers, and now owned by the plaintiffs. The questions raised and relied upon in argu- ment relate principally to the novelty of the invention de- Bcribed in the i^atent. �The invention purports to be of an improvement upon an apparatus known as Gifford's Injectors, patented to Henry J. GiSord by letters patent of Great Britain, No. 1,665, dated July 28, IS.'îa. �The defendant sets up these letters patent to Gifford ; and letters patent of Great Britain, No. 2,775, granted to Andrew Barclay and Alexander Morton, dated November 7, 1863; and No. 1,151, granted to Andrew Barclay, dated May 6, 186e, �v.2,no.2— 15 ' ^ ����