Page:Federal Reporter, 1st Series, Volume 6.djvu/906

 894 FEBEBAL EEPOKTER. �says he used the structure and bottle in his saloon from two to three times a week, and about two years. Although he sold beer in bottles to be taken away from his saloon and opened elsewhere, — bottles with corks, as he says, — he never sent this bottle and structure away from his saloon. Before, he made his structure he had, he says, seen bottles with a pat- ent stopper, of one Schlesting, which had a compound stop- per composed of a rigid top piece and an elastic member, and was opened and closed by means of a separate lever or piece of iron. But he says he did not procure the Schlesting stop- per, and for the reason, as he says, that he used to send out beer in bottles, and would have to give to each customer a piece of iron to open the bottle, which was liable not to be returned, and he says that for this reason he tried to make a stopper that would suit him better. Yet the new structure could not have been a satisfaetory one to be used for the pur- - pose of replacing corks, or in lieu of adopting the Schlesting stopper, and to be sent out with bottles of beer, or Otto would have had more of them made, and would have put them to the use of transportation, The original specification of De Quillfeldt says that his stopper is to close bottles in a "se- eure" manner, as well as in a quick and convenient manner, and that, when closed, the "stopper is seated so firmly on the bottle that no accidentai detachment in handling is possi- ble." The re-issue says that the bottle mouth is "securely closed" and "tightly" closed. It is not shown that this structure of Otto's closed the bottle mouth securely or tightly. Unless this was done the structure was useless. The evi- dence on this subject is entirely wanting. Otto says that he used the structure in his saloon, and that it worked "good." He gives this account of the way in which he used the struct- ure in his saloon : "I filled the bottle with Rochester beer. I used to pour out one glass from it to a customer and enclose it again and place it on the table. Either they would pour out the second glass themselves, or, if they couldn't open it, I would show it to them, and pour out a second glass, too. Then, when I bottled beer again, I filled it again and sold it as before. " This structure he siiys he so used for two yeara ��� �