Page:Federal Reporter, 1st Series, Volume 3.djvu/342

 PBATT V. BOSJSNFBLD» 835 �to receîre a part of the profits of this business, trusting to his patent, and getting up his patent for the purpose, and is not entitled to any particnlar indulgence ; and no reason is shown, arising ont of any pecnliarities of his situation, why a pre- liminary injunction should not be granted against him ; and it is shown that the remedy is an important one to the plain- tiff. Injunction to issue. ���Fbatf and another v. Bosbkfsld and another* (Oireua Court, 8. D. New York. Jane 14, 1880.) �1. Desigs Patent No. 7,914— Pbarl Buttoms Abbanabd bt Dozewb, �ON Cards, m Thbbb Rows of Foub— Rbv. St. { 4929.— A design for a card of buttons, divided into spaces, covered with foil, by narrow banda, with a dozen of pearl buttons in lows of three by four to each tpace, is not a " new, usef ul and original shape or configuration of an article of manufacture," within the meaning of section 4929 of the Bevised Statutes, relating to the granting of patents. . �2. Sakb — Samb — Invkntion. — Cards, for buttons, faced with f«il and �divided into spaces by bands, were well known and in oonunon use prior to such design, and there was therefore nothlDg in thia arrange» ment rising to the lerel of inventire skilL �In Equity. �George C. Lay, Jr., for plaintîffs. �Edmund Wetmore, for defendants. �Whebleb, D. J. This suit is brought upon design patent No. 7,914, for a design for a card of buttons, divided into spaces, covered with foil, by narrow bands, with a dozen of pearl buttons in rows of three by four to each space. �The statuts (Bev. St. § 4929) authorizes the grant of a patent to any person who, by his own industry, genius, efforts, and expense, has invented and produced any new and origi- nal design for a manufacture, bust, statue, alto-relievo, or bas-reUef; any new design for the printing of woolen, silk, «otton, 01 other fabrics; any new and original impressioii. ����