Page:Federal Reporter, 1st Series, Volume 6.djvu/895

 PUTNAM V. HOLLENDER, 883 �4. Pbior Invention — Burobn of Proop. �Where prior invention is set up as a defence in a suit for inf ringe- ment, the burden of proof rests upon the defendant, and every rea- sonable donbt should be resolved against him. �s. BaME — EVTDBNCE. �The invention or discovery relied upon as a defence must have been complete, and capable of producing the resuit sought to be accom- plished ; and this must be shown by the defendant. — [Ed. �Arthur v. Briesen, for plaintiffs. �George W, Yeaman, for defendants. �Blatchfokd, C. J. This suit is brought on re-issued let- ters patent granted to Karl Hutter, June 5, 1877, for an "improvement in bottle-stoppers, " the original patent having been granted to Charles De Quillfeldt, as inventor, Janaary �5, 1875. The specification of the re-issue says : �"The object of this invention is to permit bottle mouths to be readily and securely closed and readily opened, without disconnecting the stopping devices from the bottle. To this end my invention consista of a certain new eiastic stopple, and of certain new combinations of devices, of which the fol- lowing are the principles, viz. : A compound stopper composed of a rigid annnlar member adapted to mthstand the strains incident to closing the bottle, and an eiastic disk intervening betvreeh the said rigid member and the bottle mouth so as to prevent the contact of the rigid member with the glass of the bottle, and to close the bottle mouth tightly, the disk having an npwardly projecting stem which extends through the rigid member; an eiastic and flexible disk-stopper of omall thickness compared with its diameter, and provided with a stem, said stem serving to connect said eiastic disk- stopper to a yoke or frame by which the same is attached to the bottle; a yoke or bail adapted to straddle the bottle mouth and constitute one of the devices by means of which the eiastic stopper is connected with or linked to the bottle, m that said stopper remains connected with the bottle al- though the bottle mouth is open ; a lever which is connected with said yoke or bail, and by means of which the eiastic stopper can be forced downward and compressed to close the bottle mouth tightly. The lever constitutes one of the de- ��� �