Page:Federal Reporter, 1st Series, Volume 4.djvu/653

 UATTHEWS V, SHONBBEBaEB. 639 �till it is closed tight against a' seat inside. ■ It seems to be intended to cover every form of stopper and any f orm of mouth, and any meaus of pressure, and any arrangement of seat. As a claim thus broad it cannot be sustained. It must be limited to the mechanism desoribed, having the mode of operation described. The stopper, to infringe, must be inserted through the mouth of the finished bottle substantially as the plaintiff's is, and the pressure upward must be made by mechanism and not by the gas in the liquid. The first claim is not infringed by Codd No. 2. �As to the second claim the specification says : "I am aware that an internai flap, valve, or door, acted upon by a spring float or coimterweight, bas been used to close the orifice of vessels, as an ink-holder or oil vessel, to keep out dust, etc., but intended to give way on a very slight pressure. Such arrangement, however, could not make a stopper which -would "be air-tight." This statement shows that itwas not new to press from without an internai valve closing the orifice of a vessel, such closing taking place by the action of a spring, and such pressure being made against the outer face of the valve to open the orifice. This being so, the second claim of the re-issue must be limited to substantially such a form of stopper as the specification shows, with substantially such a prolongation or extension in an outward direction, if, indeed, the claim can be made at ail, in respect to the facility afforded for opening the stopper, in view of the admitted prior arrangement. Under this construction of the second claim it is not infringed by Codd No. 2. �The second patent sued on is No. e4,684, granted October 11, 1864, to J. N. Mcintire, on the invention of Albert Albertson, for an improved method of stopping bottles. The specification says : �"Previous to my invention several methods of stopping bottles bave been suggested and patented, ail having for a main object to dispense with the employment of ordinary corks, (which have to berenewed at eaoh fiUing of the bottles» and are expensive,) and avoid the labor involved in the use of them, espeoially in bottling gaseous liquids, where the corlt ����