Page:Federal Reporter, 1st Series, Volume 6.djvu/88

 16 FEDERAL REPOUTER. �posed it as a fine for the contempt, to be paid within a fixea time, and ordered commitment till payment. This was proper and regular. �AU the points urged in favor of the motion made by the de- fendant fall -within the foregoing considerations, and the motion must be denied. The motion oi the plaintifE is granted. ���Fischer v. Hayes. {Oirmit Court, 8. D. New Torh. January 26, 1881.) �1. Equity Pbactic!b— Rbpmcation— Rule 66. �A replication, flled without leave, after the expiration of the time prescribed by ruie 66, may be ordeiod to sland, iu the discretion of the court. �2. Samb— PiiooF — RuLE 69. �Testimony taken more than three montha after the flling of such replication, may be admitted in evidence at the hearing, in the dis- cretion of the court. * �3. Equity PLEADnsTG— Suit for Infeingement — Bni.. �In a suit for the infringement of a machine patent, the bill neea not State what articles the defendant has manufactured by the use of the machine. �4. Infringement — Want op Consent — Proof. �Want of consent need not be shown in a suit for the infringement of a machine patent, where such fact was alleged in the bill and not denied in the answer. �5. Letters Patent No. 74,068, granted Valentine Fischer, February 4, �1868, for an "improvement in machine for forming sheet-metal mouldings," is not voidfor want ofnovelty. Fischer v. WUson, 16 Blatchf. 220. �6. Bamb— Specification — Construction. �The expression, " ail kinds of smooth mouldings," contained in the specification of such patent, should be construed to mean, " ail kinds of smooth right-angled mouldings;" and the expression, "ail sorts of angles," should be construed to mean, " ail the kinds of square or right-angled angles" whioh can be made by the square dies, therein described.— [Ed. �In Equity. Suit for Infringement. ��� �