Page:Federal Reporter, 1st Series, Volume 6.djvu/899

 PUTNAM V, HOIiLENDBE. 887 �etopple, so that by vibrating said lever on its connection mth the bottle it will carry the stopple towards or away from said bottle, substantially as specified. �"(9) The combination of the pivoted bottle-stopper with the yoke, C, neck ring, a, and eccentric lever, B, the said yoke and eccentric lever being pivoted together and arranged 80 that the stopper is forced into the bottle by swinging the handle part of the lever against the side of the bottle, sub- stantially as herein shown and described." �1. The bill alleges that the defendants have "jointly and collectively, and also separately," nsed and sold bottle-stop- pers containing the patented invention. The answer admits that the defendant Fritz HoUender bas used bottle-stoppers containing the patented invention, as a member of the firm pf Hollender & Co., composed of himself and Bmil HoUen- der. It avers that the defendant William Hollender has been book-keeper and salesman of said firm. It admits that the defendant WiUiam Hollender has sold bottle-stoppera con- taining the patented invention on his individual account, and not in connection with the other defendant, or with the firm of HoUender & Co. Although no joint sale or use is showrt, yet as the bill is framed to recover for separate infringements, and was not demurred to on that ground, and the case has gone on under that issue, the plaintiff can maintain this suit as a suit against each defendant separately. It is shown by the proofs that the defendant Fritz Hollender used stoppers like plaintiffs' Exhibit No. 8 ; that the defendant WiUiam Hollender sold like stoppers; and that the defendant Fritz Hollender has made, used, and sold stoppers like plaintiffs' Exhibit No. 11. This makes it necessary to determine|whether Exhibits No. 8 and 11 infringe the plaintiffs' re-issue. �Exhibit No. 8 is identical in construction with the draw- ings of the plaintiffs' re-issue. It therefore infringes aU the claims. �In Exhibit No. 11 there is a compound stopper, made of a rigid annular cap and aij elastic disk intervening between it and the bottle mouth; a yoke or bail straddling the bottle mouth and serving to connect the stopperwith the bottle even ��� �