Page:Federal Reporter, 1st Series, Volume 4.djvu/914

 900 FEDERAI» BErOBTEB. �t^ASHBUEN & Moen'^anuf'g Co. and another v. Haish. �Washbtjki^ & MoEN Manuf'o Co. v. Haish. �{Circuit Court, iV. 2). Illinois. December 15, 1880.) �L AssieKMBNT OF Patbkt— Resebtation ov TBnitiTonT.— An assign- ' inentof ail right, tltle, and interest in certain letters patent, " except- . ing 32 or 33 countiea heretofore, sold and assigned," Ls not void for ambigùity. �2. Samb— Samb — Plbading. — Sueh objection cannot be considered, whera '■ a bill for an injanction designated the countles upon which the ex- ception operated, and the defendant neither trav.ersed sueh allegation in his answer, nor introduced proof tending to show that the terri- tory in controversy was included within sueh exception. �3. Bame — Re-Issue— Peesumptign. — A re-issue of sueh patent to the as- �signee raises a prestimption of title in sueh assignee. �4. Patents— Peior Use — Pkoop. — Prior use must be established by a �preponderance of evidence in order to defeat a patent, and every rea- Bonable doubt should be resolved in favor of the patentee. �Coffln V. Ogden, 18 Wall. 120. �Webster Zoom Co. v. Higgins, 16 0. G. 675. �Eowe V. Underwood, 1 Fisher, 175. �Hayden v. Suffolk Manuf'g Co, 4 Fisher, 103. �Goodyear v. Day, 2 Wall. Jr. 283. �6. Invention— Degkee.— If any invention is required in the production of a device, the law will not attempt to measure its extent or degree. �6. SÀMB— Babbed Wieb Fence. — It required sueh invention to devise and �produce a barbed wire which could be practically used for fencing purposes. �7. Sauss — BVtdbncb — Use of Device. — The generaracceptance and ex- ' tensive use of a new device is evidence that it vas the product of �Invention. Smith V. Goodyear Dental Vulcanite Co. 93 U. 8. 486. Eppinger v. Richey, 14 Blatchf. 307. laaac» v. Abrams, 14 O. G. 862. Stanley Works v. Sargeant, 8 Blatchf. 348. �8. Bame— Re-Ibbuk— The specifications of a re-issue may be made more full �and accurate, but must not be substantially changed so as to describo another device, or cover anything not in the original patent. �9. Patent No. 67,117 waa issued July 23, 1867, to William D. Hunt, for �his method of " providing the wires of a wire fence with a series of spur-wheels;" and re-iss-ued, (No. 6,976,) March.7, 1876, to Charles Ken- nedy, assignee of William D. Hunt, for "a fence wire provided with spurs for the purpose specified." Held, that sueh re-issue was valid. ����