Page:Federal Reporter, 1st Series, Volume 4.djvu/437

 EOOT V. E. N. WELOH MANtJP*tf 00. 423 �ages. If, on the other hand, as I bave beifore stated, you find this device, which constitutes the second claim, also to have been old at the time of the alleged invention by Sampson, and thus find the patent invalid as respects both the claims, your verdict must be for the defendants generally. �The verdict was for plaintiff for six cents damages. ���EooT r. E. N. WjiLOH Mancf'o Où. �{Cwcuit Court, D. Connecticut. , 1880.) �L Patent — Intention.— Re-issued lettera patent,. dated Angiist 3, 1875, for an improvemeat in clock dials,, held poid, upon the ground that the supposed inventioù was not a. part of the thing patented. �H. A. Seymour and Rodney Mason, for plaintiff. �Charles E. Mitchell and Richard D. Huhhard, for defendant. �Shipman, p. J. This is a bill in equity to restrain the defendant from the alleged infringement of re-issued letters patent, dated August 3, 1875, for an improvement in clock dials. The original patent was issued to the plaintiff on May 10, 1859, and was subsequently extended for seven years, from May 10, 1873. The plaintiff's invention was made in the spring of 1855* An application for a patent was filed on September 5, 1855, which was rejeoted, and was withdrawn on January 30, 1868. A renewed application was filed January 81, 1859. �Prior to the date of the plaintiff's invention, painted metallio dials were eommonly used upon the ordinary wooden clocks, then and now largely manufactured in Connecticut. The painted surface of the dials was apt to crack, and much time was required to paint and dry them properly. For the pur- pose of avoiding these difficulties, the plaintiff made the invention which subsequently became the subject of his let- ters patent. �Paper dials were known prior to the date of the invention. Metallic backs, with a paper dial, the edge of the back being ����