Page:Federal Reporter, 1st Series, Volume 6.djvu/908

 896 FEDERAL REFOBTEB. �appearances visible in and absent from Otto's structure, as bearing on the question of the strain to which it bas been eubjected, and the testimony as to Exhibits A and B, intro- duced by the defendants as duplieates made now of Otto's structure, and my own examination of that structure, in con- nection with ail the evidence before alluded to, and with the ■whole testimony in the case, lead to the conclusion that Otto's structure was not an anticipation of the -De Quillfeldt inven- tion. If it had the use which Otto says it had, it never was subjected to the strain necessary to close the bottle securely and tightly, sufiacient for handling and transportation, and it amounted only to an experiment, which was abandoned. The whole evidence shows that it must fall into the rank of abandoned experiments. To no one of those who Saw it, nor to Otto himself, did it suggest the idea of being a stopper which was fit to use on bottles which were to be sent out with beer. It f ailed to do so, if used as long and as often as Otto eays it was, because it was not in such a state as to close the bottle securely and tightly. It f ailed to do so, equally, if not used as long and as often as Otto says it was. The defend- ants have not shown that the invention was complete, and capable of producing the resuit sought to be aocomplished, — the resuit acoomplished by the De Quillfeldt device. The thing was inchoate, and rested in experiment. The process pursned for its development failed to reach the point of con- fiummation. However nearly Otto approximated to the end in view, he only made progress. The world derived no benefit froni what he did. The recollection of it was stimulated by the success of De Quillfeldt's invention. But for that Otto's structure would have still been reposing in the old trunk beneath the stairs, forgotten and worthless. The substantial form in which Otto clothed his conception, so far as it is pre- served, and so far as its original arrangement and operation can be understood, does not demonstrate that it had the practical efficacy and utility which characterize the De Quill- feldt stopper. Otto's work was not complete, and he gave nothing to the public. ��� �