Page:Federal Reporter, 1st Series, Volume 6.djvu/904

 892 7EDEBAL BEPOBTBB. �tablishment, but not to be disposed of to others for that pur- pose without the consent of" Goodyear. �The court says of this license, that it authorizes the per- son to use it himself, and gives him no right to authonze others to use it in conjunetion with himself, or otherwise, without the consent of Goodyear, and that it was to be used at his own establishment, and not at one oceupied by himaelf and others. In the absence of affirmative authority to Emil HoUender to dispose of the license to others, or to allow it to be availed of by others, it must be read as if it forbade a dis- position of it to others. �Enabling_ Fritz HoUender to make part or the whole of a profit of three cents on 24 bottles, by using stoppers under the license, was dealing with the license in a way not author- ized. In Troy Iran e Nail Factory v. Corning, 14 How. 193, 216, it is said that "a mere license to a party, without having ' his assigna, ' or equivalent words to them, showing that it was meant to be assignable, is only the grant of a personal power to the licensee, and is not transferable by him to another." �5. A patent granted by the United States, July 17, 1855, to Jules Jeannotat, for an "improvement in bottle-fasten- ings," is set up in the answer, and put in evidence, on the question of noveltyj but no witness on either side gives any testimony in regard to it, in this suit, I have examined it, however, and, for the reasons assigned in the decision made herewith, in the suit of the same plaintiffs against Vom Hofe, am of opinion that it bas no bearing in favor of the defend- ants in this suit. �6. It remains to consider but one more defence, and that is the alleged prior invention of one Otto. That Otto made, and made some use of, prior to the invention of De Quill- feldt, a structure, the identical original of whioh, and the bottle to which it was applied, lesa a round piece eut from a piece of India-rubber hose and tacked by a tack on the center of the diameter of the lower face of the wooden stopper, are now produced, is, I think, established by the evidence. That structure is "Defendants' Exhibit, Otto Bottle-stopper, Oc- ��� �