Page:Federal Reporter, 1st Series, Volume 4.djvu/427

 îts closed or open position by the actioti of the sprîng." The spring -which is used is a contiiuious flexible wire attached at one end to the stopper, and bent so as to resemble fiomewhat the figure 8 in f orm ; the other end of the wire being bent back to a point hear the end whieh is attaohed to the plug, and being left free. The top of the spring serves as a loop to receive the finger or a hook by which the stopper is drawn up. This handle or spring is rigidly f astened to the stopper. �The defendant denies infringnient and the novelty of the invention asdescribed in the first three claims of the^plaintiff's re-issaed patent, and also insists that the re-issue is void because it is for a different invention from that which is described and claimed in the original patent. The last ques- tion seenis to me to be a vital one in the case, and I shall not, therefore, decide the other points. �The original Miller patent made the invention to consist of a stopper with a han<ile or bail hinged or jointed to the top of the stopper, and carefully insists that the peculiar mode of construction is a distinguishing feature of the invention. The patentee says in his specification : "I am aware that in- temally-looated bottle stoppers have been provid^jd with ver- tical rigid handles or stems for manipulating the same ; but, owing to the rigid character of the handle, the stopper is apt to be forced down into the bottle during transportation, and furthermore, in dispensing the contents of the bottle, a rigid handle will interfere with the free fiow of the liquid. My in- vention is designed to avoid these defects, for, by hinging or jointing the handle to the stopper, the same can be tumed away from the mouth of the bottle in dispensing the contents thereof; and, furthermore, by making the handle of a bow shape, or with two legs or branches, the latter will, owing to their elasticity, spring against the throat of the bottle, so as to render the casual displacement of the stopper impossible." �The claim is as foUows: "The internally located bottle stopper, B, provided with a hinged or jointed handle or bail, C, composed of two elastio legs or branches, and an eye or finger loop, as and for the purpose set forth." �He virtually disclaims rigid handles, and says that his ����