Page:Federal Reporter, 1st Series, Volume 3.djvu/649

 642 S^DEBAL BEPOBTEQ. �by no means satisaed that the defendants are not nsing the complainant's formula in substance, I do not think it would be Bafe, upon the evidence offered, to find affirmatively that they are nsing it, and have falsified as witnesses. The bill is dismissed, with costs. ���BUBTON ». ThB ToWN OF GbBBNVIIiIjB. �[Oireiiit Court, D. New Eampshire. July 21, 1880.) �1. Patent No. 10,497, for a design of a Btreet lamp, Tidd void, upon the ground that such design had been in public use for more thaa two years when such patent was applied for. �In Equity. �Geo. -E. Betton, for complainant. �Stearns e Butler, for defendant. �LowELL, C. J. The complainant bas taken ont and noir owns two patents for designs of a street lamp : No. 9,488, September 5, 1876, and No. 10,497, February 19, 1878. The former describes and shows by a drawing a lamp post, with an enlarged base and a smaller shaft, surmounted by a cap. From the cap projects an overhanging curved arm, from the lower and free end of which depends a chain, made fast to the outer corner of a bracket, in which the lamp or lantern is set. This bracket bas projections loosely fitting the post, so that the lantern can be moved up and down. The lamp is Buspended under the center of the arch or arm. The pat- entee claims "a design for street and park lamps, composed of the upright post with enlarged base, the arched arm, the chain, the bracket, and a lamp placed below the arch, ail sub- plantially as shown and described." �The second patent describes and shows a design which dif- f ers from the first in certain particulars. It bas two lanterns, one on each side of the post. The bracket which holds the lantern is more complete, having lower edges and sides, so as to f orm a carriage or cage, rather than a bracket ; and this is upheld by a bail or handle, which is attached to the middle ����