Page:Federal Reporter, 1st Series, Volume 6.djvu/914

 902 FEDERAL REPORTER. �in the infringing form until after he had seen the construc- tion and operation of the De Quillfeldt stopper. That disclosed the necessity of three pivotai connections between the four elements of the stopper. This was the foundation idea, and makes De Quillfeldt's the foundation invention. However nearly prior inventions approached, they did not reach suc- cess. �3. The defendant put in evidence two other English pat- ents, — one to Henry, final specification filed October 29, 1862, and one to Mennons, final specification filed October 1, 1868. No witness for the defendant gives any testimony as to any- thing in either of these two patents, and therefore they can- not receive much attention. It is apparent, from the testi- mony of the plaintiffs' expert, that they do not affect the plaintiffs' re-issue. �4. It is contended that the defendant anticipated De Quill- feldt by making, in 1869, a stopper like Exhibit P, which he then exhibited to many persons. Only one was then made. It disappeared, and nothing more was done about it till the lat- ter part of 1874, when one was made, modified into a structuree like P", and Fritz Hollender, the defendant in the Hollender suit, made some stoppers like P". lu the form of P", Von Hofe applied for a patent for it, January 20, 1876, and a pat- ent for it wasissued to him. No. 163,553, May 18, 1875. The stopper did not operate well, and then the stopper, Exhibit No. 1, was got up by Von Hofe, after he had seen the De Quillfeldt stopper. The reason why the stopper P, in the form it had, and in ail the modified forms of it made by Von Hofe, and in the form shown in patent No. 163,553, did not suceeed as a stopper, was because of the diaculties in it which were remedied in Exhibit No. 1, and which remedies were first applied by De Quillfeldt in his stopper. Ail of the Von Hofe stoppers, until Exhibit No. 1, had a slot in the plate of the cam instead of a pivotai connection by a pin in a hole which is not a slot, so that there was a play to the lever besides the turning motion on an axis. In consequence of that, in closing the stopper in Exhibit P', it would some- times ily out, as Fritz Hollender says. He says that in Ex- ��� �