Page:Federal Reporter, 1st Series, Volume 4.djvu/100

 86 FEDERAL EBPOBTER. �The defendant's stamp is of a single thickness of paper not gummed upon the back, but with a blank strip protecting the portions to be eut out from the paste upon the barrel. The blank strip was described in the plaintiff's specification. The difference is that in the use of the plaintiff's stamp the adhesive material is applied to the back of the stamp, while in the use of the defendant's stamp the adheSive material ia applied to the head of the barrel. The method of construc- tion of the two stamps is substantially the same, even assum- ing that the "backing piece" was not intended to be used •when the entire stamp is composed of one piece of paper. �An attempt was made to attack the Locke patent for want of novelty, but the two antedating patents which were some- what feebly relied upon by the defendant, viz., the English patent of Edward Wilkins, dated November 13, 1851, and tha patent of Albon Man, dated September 3, 1867, refer ta devices so manifestly unlike the Locke stamp that further examination is unnecessary. �The utility and patentability of the Locke stamp cannot be controverted, in view of the testimony which was intro- duced by the defendant respecting the Tarions devices which the government had used, and the great success of the device which was finally adopted. �Let a decree be entered for the plaintiff directing an account and an injunction — the terms of the decree as to injunction to be settled upon hearing. ���Clendinin V. The Steam-Ship Alhambra, etc. �(District Court, K D. New York. July 23, 1880.) �1. CoiiiiisoN — ScHOONBR'B LiGHTs. — The side lights of a sohooner were so placed that when one stood at the stem of the veasel he could see both the red and the green light at the same time, without moving his head. JIM, that the schooner was in fault for carrying lights so arranged, when an approaching steamer was tlierehy misled as to the course she was pursuing, and a collision ensued. ����