Page:Federal Reporter, 1st Series, Volume 2.djvu/701

 694 FEDERAL REPORTER. �invention, whieh his patent secures to him. West'mglwuse v. The Gardner e Eansom Air Brake Co. 9 0. G. 538; Howe y. Morton, 1 Fisher, 587. �But the defendant alleges that, in view of what was well known pri.or to the date of the original Strobridge patent, what waa done by him did not constitute such invention as entitled him to a patent, and that his re-issue was therefore Toid. �It is not denied that prior to the date of the Strobridge invention there existed and were well known in the art, oof- fee-mills in which the hopper and grinding shell were formed in one and the same piece. Tbis, however, is not claimed as new or patentable, but the claim is limited to a bopper and grinding shell so construeted. If the Strobridge invention was anticipated at ail, it was by wbat is known in this case as the "French mUl," which was imported into this country as early as 1863, and sold to a very limited estent. �This mill is thus described by the defendant 's expert wit- ness, John E. Earle: "I find in the Exhibit French Mill an article known as a box mill, and consisting of a box, with a top made of wood, upon the under side of which a block is glued, so as to extend down into the box when the top is placed on the box. Through the center of the top and block a funnel-shaped opening is made, so that this opening through the top and block forms a hopper, being flush with the upper surface of the top of the box. The top and block being glued together, makes them practically one piece. To the bottom of the hopper and concentric with it the grinding shell is attached." �Af ter a careful inspection of the "Exhibit French Mill" and "Exhibit Strobridge,"! have reached the conclusion thatthey differ in important particulars, and that the French mill does not embody the invention covered by the iirst claim of the conplaiuant's patent. The French mill, indeed, bas a sunken or suspended hopper, but here, it seems to me, its likeness to the complainant's invention ceases, The hopper and grind- ing shell of the French mill are not in one piece. The steel grinding shell is attached to the bottom of the wooden hopper ����