Page:Federal Reporter, 1st Series, Volume 6.djvu/733

 LOCKWOOD V. CLEAYBLAND, 721 �capable of doing the work; and, that being so, the precise relative proportions of the recessions are matters for the constructor. �With this view of the patent, it is admitted that the respond- ents have infringed it. �Interlocutory decree for the complainants. ���LocKWOOD V. Clhaveland. (Circuit Court, D. New J&rtey. Febraary 28, 1881.) �1. Intbbfbbino Patents— CB08s-BiLT>-REr. 8t. § 4918. �In a suit against an interfering patentee nnder section 4918 of the Revised Statutes the defendant is net required to file a cross-bill in oi-der to obtain affirmative relief. �2. CH0B8-Bn>I, DiSMISSED— COSTB. �The oross-bill was therefore dismissed in this case, upon the motion of the complainant, as having been improvidently flled, but, under the circumstances, costs were not allowed.— [Ed. �In Equity. Motion to Dismiss Cross-bill. �Browne e Whitter, for complainant. �Munson d Philipp, for defendant. �NixoK, D. J. This is a motion to dismiss a cross-bill, as improvidently filed. The circumstances under which the bill ■was filed are as follows : On the seventh of September, 1875, the commissioner of patents issued to Ehodes Lockwood let- ters patent No. 167,456, for "Improvement in India-rubber erasers." On the twenty-fifth of May, 1877, one Francis H. Holton, claiming to be the original and first inventor of a certain improvement in erasive rubber, by an assignment in writing, sold attd transferred unto Orestes Cleaveland ail bis right, title, and interest in and to said improvement, which assignment was duly reeorded in the patent-office of the United States, September 27, 1878, in Book J 23, p. 296, of transfers of patents. On the ninth of June, 1877, the said Holton made application to the commissioner for letters patent for said improvement. The commissioner being of the opinion that the application interfered with tho letters �v.6,no.7— 46 ��� �