Page:Federal Reporter, 1st Series, Volume 4.djvu/97

 BENEDICT A BUBNHAM HANDF'o CO. V. H0LLI8TEB. 83 �BbNBDIOT & BUBNHAM MaNUP'g Co. V. HoLLISTES. �{Circuit Court, D. Conneetieut. , 1380.) �Patent— iNFRiNflBMBNT.—Letters patent issued to Edward A. Locke on August 2, 1869, for an improved revenue stamp for barrais, sustained. �Stephen W. Kellogg and John S. Beach, for plaintilï. �Calvin G. Childs, U. S. Dist. Att'y, for defendant. �Shipman, D. J. This is a bill in equity to restrain th.© defendant from the alleged infringement of letters patent for an improved revenue stamp for barrels. The patent was issued to Edward A. Locke on August 2, 1869, and was assigned to the plaintifE on November 10, 1875. Prior to and at the date of the Locke invention the internai revenue stamp which was used by the United States government upon pack- ages of distilled spirits, and which was called the "tax-paid stamp," was constructed of two pieces pf paper. Before the stamp was printed the paper of which the feody of the stamp was composed was perforated with a round aperture, about one and a half inches in diameter. To the back of the paper was then attached, by paste or mucilage, a piece of tissue paper, completely covering said aperture. The stamp was then printed, the engraving covering both the body of the paper and 80 much of the tissue paper as appears through the aperture. �One object of Locke was to make a revenue barrel stamp which should be so destroyed by the removal of a part thereof that the stamp could not be subsequently fraudulently used, and that the removed part should also permanently contain and exhibit such identifying marks that the facts that the tax had been paid upon the contents of the barrel to which the stamp had been affixed, and that it had been destroyed, should always appear. The principle of Locke's invention was to construct the stamp so that a part, upon which was impressed identifying marks corresponding with similar marks upon the stub, and which was such a well-known part that its removal ■would destroy the stamp, could, after the stamp had been detached from the stub and had been affixed to a package. ����