Page:Federal Reporter, 1st Series, Volume 5.djvu/806

 îae I-BDERAL •eEÏ>OBTE!Bi. �' ing the'deglgà 'WlSth> metallîc colocg on plates ortin ot slieet Iroa çonstrupted furnace to the graduai action pf temperature sufflciently high to slightly amalgamate the colors printed With the surface of the tin. In the r*e-iMùed patent (No. 7i556) theai^lication of colors- was not confined to plates of sheet tih ©Pitijined.sheet iron, but in- cluded cans, boxes, pnd, manufaotured airticles ;, por were the colors conflned to metallic or minerai colors, ànd the process for heating aeemed to abandon the idea of amalgamating the colors with the surface of the metal^ directions being given for drying the colors. Held, that the re-issue was unauthorized and void. �Frederick H': .Bfit? 9ip^i N(lt9h (e }Iolt, for, cpipplainants. �Bowland Cox, for defendant. �Nixon, D. J. This a suit for an alleged infringement of the re-is8ued letters patent; No. 7j55,6,..date4 March 13, 1877^ fôï'-'iïflprovemeQt in decorating tin plates, eans,":etc. The çrîgiiial letters pateùï %ere granted,tO' Julien Roussel, Lau- rent Delangre, an4 l-iucien Boeiçî, àssignors |of ,the cojtnpl^in- antSj- numbered 43,463, and dateà JaJy 6>, 1864, for a new and ùseful intprovement in preserve cans and' other articles pianTifacijired<)f tin, and whiçh hàd been previously pàteiïted in France on the thirtiethofSeptçinber, 1863. Various de- feûceis have been set up in the answer, but the strength of the argument on the hearin^seeçis to have centered in the ope, that the re;issue is for a different invention from that described in the original patent. �■ 'The right of the owner of a patent to surrender the same ànd take out a re-issue,' and the limitations ùpon the right, are fpund in section 4916 of the Eevised Statutes. It is pro- videdinthis section that; ""wheneverany patent is inopera.tive or invalid, by reason of a defective or insujfficient specification, or by reason of the patentee claiming as his own invention or discovery moie than jhe had a, right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and withou't ahy fraiidiilent or' deceptive intention, the commis- pionprshall, on the sçirrendef of stich patent, * » » cause a aev? patent for the same invention, and in aceordance -^ith the corrected specification, to be issued to the patentee * * Such surrender shall take effect upon the issue of the amended ����
 * jbefore.^seing miadja into cans, and tljen ,exposin^ thenji in a properly-
 * for the unexpired part of the term of the original patent.