Page:Federal Reporter, 1st Series, Volume 3.djvu/906

 FAULKS t>. KAMP. 899 �provement in baling short-cut hay. The orators claim to have the title to the whole of the patents for the New Eng- land States, New Jersey, and New York, except Erie county, and allege infringement at the city of New York, Their title is not disputed, except that the defendants allege that one Samuel B. Clark owns a share in the patent, said to be one twenty-f ourth part ; and they justify under a license granted by the former owners to Angelina Brown, wife of Charles Brown. The share of Clark does not appear to cover the territory in- volved in this suit; and the license to Angelina Brown was revocable, and was revoked by the conveyance of the title of the licensors, so that the orators are considered as holding the title to the patent for this territory. Of course the whole of their title must have been derived from the defendant Brown, to whom the patent was granted. Faulks, orator, first acquired, by varions mesne conveyances, the whole title for this territory. He conveyed shares to each of the defendants, and they, with him and a son of his, formed a copartnership whioh carried on the business of baling hay under the patent.. Then they Bold their interest in the partnership business and property, including the patent, to him, and in their conveyances of the patent each described the thing conveyed as the fuU and entire right, title, and interest which he had and possessed in and to the patent, and the inventions and improvements described in and secured by it. He conveyed an interest to each of the other orators. The defendants now deny the validity of the patent, because, they say, that Brown was not the original and first inventer of the improvement described in it, and they bave acquired a prier patent which they say cover s the same improvement under which thej*' claim the right to practice the invention ; and they deny ail infringe- ment of the patent. �There is considerable doubt whether the patent, as between the owners and the public generally, is of any validity. Hay has long been baled, to the common knowledge of ail, Thei whole invention in controversy consists in baling hay eut short .in the same manner. The well'known proeess of bal- ing hay was applied to another kind of hay. The short-cut ����