Page:Federal Reporter, 1st Series, Volume 5.djvu/371

 iULIiEK V. SMITH. 889 �proved, but the creditors proving such debts shall be entitled to a dividend equal to those already received by the other creditors before any further payment is made to the latter." An order will therefore be made in accordance with this opinion, directing the assignee to pay— First, the costs and expenses; second, to pay 10 per. cent, to those creditors ■who bave received no dividends ; third, to those who have and shall receive under this order 10 per cent., 17 per cent., to make them equal "with those -who received 27 per cent. If there should not be suf&cient funds in bis hands to pay the 17 per cent., then the fund to be paid to them pro rata; and if a greater sum, then the balance to be paid pro rata to ail the creditors. ���Miller and others v. Smith and others. (Gireuit Court, D. Bhodehland. October 7, 1880.) �1. Design Patents. — Patents for designs, as well as for machines, are �authorized by act of congress. Itev. St. J 4929. �2. Bame.— Regulations and provisions applicable to the obtaining (jr pro- �hibition of patents for inventions or discoveries, not ineonsistent with the exlsting patent act, apply to patents for designs, without modifi- cation or variation. �16 Bt. at Large, 213. �Rev. St. § 4933. �3. Same — iNPRrasEMENT — Bdiidek OF PuocF. — Pcrsons eeeliing redress �for the infringement of such a patent must, as in the case of a ma- chine patent, allege and prove that they are the original and flrst inventors of the improvement, and that the respondents have in- fringed the same. �4. Samb — Letters Patent — Prima Facib Phesumption.— In such case, �however, as in the case of patenta for other inventions, the letters patent, when introduced in evidence, aflord a prima fade presump- tlon of such allegation, sufflcient to entitle the complainants to a decree, unless they are overcome by competent proof of greater weight. �6. Samb— Want of Noveltt— Proof.— When the defence of want of novelty is made, it is the duty of the tribunal, whether court or jury, to give it eflect ; but such proof or testimony should be weighed wlth ����