Page:Federal Reporter, 1st Series, Volume 3.djvu/158

 T:jEBIiSA.TH V. BUBBSB cb OBLLULOID, ETO.. 00. 151 ���Thbbbrath V. The Bitbbbb & GsojXfSjoiD KASsssa-TBS.masa �COMPAST. �{Circuit Court, D. New Jermy. July 14, 1880.) �1, Patehts No. 99,032, No. 6,006, and No. 167,040.— Patent» No. 99,032, for " improvemeot in the covering of hamess trimmings ; " Na 5,006, for a " new aod useful design for hamess trimmings ; " and No. 167,- 040, for " improvement in barness mountings," — are infringed wher» ' the inf ringer adopts the methods and designs of the patents, although he covera tiie articles with leatiiw rather than rubber. �On Bill, etc. �Nixon, D. J. Thîs case bas been heard on bill, plea, rep- lication, and proofs. The bill alleges that the complainant is the original and first inventer of three several patents, to-wit : one,for the "improvement in the covering of hamess trim- mings," dated January 18, 1870, and numbered 99,032; one for a "new and useful design for hamess trimmings," dated June 13, 1871, and numbered 5,006 ; and one for "improve- ment in harness mountings," dated August 24, 1875, and num- bered 167,040; and charges that the defendant corporation bas made, used, and vended to others to be used, a large num- ber and quantity of an article of harness trimmings which infringe the three several patenta. The plea denies that the three alleged inventions are, in point of fact, coimected together in use or operation, and conjointly embodied in any of the harness trimmings and other articles manufactured, used, or sold by the defendant, on which deniai the complain- ant has taken issue by replying. The complainant's repli- cation is an admission by him of the sufficiency of the plea as a defence, if the facts which it alleges are established by the evidence. Myers v. Borr, 13 Blatchf. 22-26; Story's Eq. PI. § 697. The issue, then, is as to the truth of the allegations of the plea, that no one article manufactured and sold by the defendant infringes the three patents on which the suit is founded. The patents occupy very narrow ground. They refer to new methods of covering hamess trimmings, and to new designs in the formation of rings and terrets. The tes- ����