Page:Federal Reporter, 1st Series, Volume 6.djvu/886

 874 FEDERAL REPORTER, �having any effect except in case of a honafide purcliaser f rom an assignee. �The first question will be adjourned into the circuit court, to be tbere heard and determined at the expense of the re- spondent, Chapman: provided, however, that it be there brought on for hearing upon such day as shall be appointed by the circuit judge, upon one day's notice of the application to him for setting the same down for hearing. ���Ma.tthje:ws v. Ghambers and another. �{Circuit VourtjW. D. Pennsylvania. January 15, 1881.) �L Rb-ibsub No. 2,386, and Lbttbks Patent No. 44,684, for improve- ments in bottle-stoppera, construed, and Matthetc» y. Shoenberger, 4 Fed. Rkp. 635, followed. �2. Same. �A patent for an improved bottle-stopper, consisting in a com- pressible valve, capable of being f orced into the bottle through the mouth, and incapable of easy passage through it in the opposite di- rection, and a bottle having the interlor of ita neck so shaped as to present a bearing siirface or seat with which the valve is brought into close contact to close the bottle, held, not infringed by bottles closed by a simple wooden or glass plug, which easily passes through the neck of the bottle in either direction, but acts as a stopper when pressed or drawn into a rubber ring placed in the neck of the bottle after the plug is inserted in the bottle. �3. Same. �Meld, furth&r, that a claim in such patent for " the entire stopper of such a length that it cannot turn over in the body of the bottle," was not to be construed as embracing ail manner of internai bottle- Btoppers having the speclfled length, irrespective of other distin- guishable characteriatics and modes of operation. — [Ed. �In Equity. �Arthur v. Briesen and James I. Kay, for complainant. �Bakewell e Kerr, for respondents. �AcHESON, D. J. This suit is for the alleged infringement of two patents for improvements in bottle stoppera. The first of these patents is re-issue No. 2,386, issued October 30, 1866, to the plaintiff as assignee of Albert Albertson, to ��� �