Page:Federal Reporter, 1st Series, Volume 6.djvu/909

 PUTNAM V. VON HOFE. 897 �These views apply to ail that there waBIaOtto's structure* It was a unit. It was an abandoned experiment as a whole. It cannot affeet any one of the claims of the plaintiffs' patent. �There must be a decree for the plaintiffs for an account of profits, and an aseertainment of damages, and a perpetuai injunotion, in accordance with this decision, with costs. ���PuTNAM and another ». VoN HofB. ii �(Circuit Court, S. B. New York. February 10, 1881,> . �1. CoMBiNATioN — Transposition op Pabts— iNFBraGBMBNT — Ihfbovx- �MENT n» BoTTI/E-STOPPEBS. �Re-issued letters patent granted to Karl Hntter, ^une 0, 1877, for an improvement in bottle-stoppers, claimed, int^r alia: "(9) The com- bination of the pivoted bottle-stopper, C, neck-rihg, A, and eccentric lever, B, the said yoke and eccentric lever being pivoted togetherand arrangea se that the stopper is forced into thebottle by Bwingiiigthe handle part of the lever against the side of the bottle, substautially as hereiu shown and described." HM, that such claim was in- fringed by a bottle-stopper, containin'g ail the elements described, having the lever pivoted to the middie part of the yoke, instead of to' the lower ends of the yoke, as in the patented structure. �2. Bamb— Formai. Modes of Construction— Scope of Rb-Isbdb. �Hdd, furtJier, in view of the prior state of the art, that the re-issue was not limited to the formai modes of construction therelu de- scribed. �8. Same — Foundation Invention. �Bddjfurther, that the patentee was the flirst person who had com- bined, by three pivotai connections, the four elements of the flrst claim of the re-issue in a combination having the mode of operation therein set forth.— [Ed. �Arthuf V. Briesen, for plaintiffs. �John Van Santvoord, for defendant. �Blatchford, C. J. This suit is brought on re-issued lettera patent granted to Karl Hutter, June 5, 1877, for an improve- ment in bottle-stoppers, the original patent having been granted to Charles De Quillfeldt, as inventer, January 5, 1875. This is the same re-issue adjudicated upon in the �v.6.no.9— 57 ��� �