Page:Federal Reporter, 1st Series, Volume 6.djvu/910

 8i)S FEDEBAIi KJSFOATJSK. �suit, decided her^th, of the same plaintiffs against Fritz HoUender and William Hollender.* �1. The infringing stopper in this suit, knoura as Exhibit No. 1, is called the Von Hofe stopper, and is the same as Exhibit Nq, IX in the Hollender suit. It is shown in this suit to be mad^ in accordance with the description in letters patent granted to the defendant August 24, 1875, No. 167,141, for "an improvement in bottle-stoppers," the appli- cation for which was filed July 30, 1875. The application for the original De Quillfeldt patent was filed November 30, 1874. It is alleged in this case that the defendant's stopper infringes the first and ninth claims of the plaintiffs' re-issue. In the HoUen^er suit it was not alleged that the Von Hofe stopper infringed the ninth claim. It was alleged that it infringed the first and second claims. In this suit it is not alleged that it infringes the second claim, The question as to its ihfringemant of the first claim was very fuUy consid- ered in the decision in the Hollender suit, and the stopper washeld to be an infringement of that claim. The defend- ant's stopper eontains ail the elements found in the ninth claim of the plaintiffs' re-issue, combined in substantially the same way and having substantially the same mode of operation. The ninth claim is for "the combination of the pivoted bottle -stopper with the yoke, G, neck-ring, a, and eccentric lever, B, the said yoke and eccentric lever being pivoted together and arrangea so that the stopper is forced into the bottle by swinging the handle part of the lever against the side of the bot- tle, substantially as herein shown and described." �The defendant's stopper bas the combination of a pivoted bottle- stopper, composed of a rigid part and an elastic part, a yoke, a neck-ring, and an eccentric lever; the yoke and the eccentric lever being pivoted together and arranged so that the stopper is forced into the bottle by swinging the handle part of the lever against the side of the bottle. The lever in the two stoppers, is eccentric, in the sense of that word as used in the plaintiffs' specification. That specification says that the pivoted connections of the yoke to the lever are so �*Ante, 882. ��� �