Page:Federal Reporter, 1st Series, Volume 7.djvu/227

 " POTTERU: STEWARTA 215: ...In accordance with the stipulation there must be an inter- locutory decree for the complainant for an account; the in- junction heretofore granted to stand, until further order. NOTE. See Tucker v. Burditt, 5 FED. REP. 808, and Tucker v. Corbitt, Id. 810.

POTTER and others v. STEWART.; (Circuit Court, S. D. New York. January 22, 1881.)

1. RE-ISSUE FAILURE TO DESCRIBE EXISTING COMBINATIONS IN ORIGINAL.

It is of 'no consequence that'a re-issue states that certain combina- tions are found in the machine which will act in a certain way and effect certain results, when the original did not state that such com!: binations were found there, or failed to state that said modes of ope- ration and said results would follow, provided the said combinations in fact existed in a machine made according to the drawings and de- ...scription in the original patent, or provided the said modes of opera>! tion and the said results, in fact followed in a machine so made. in 2. RE-ISSUE NO 2, 125-" IMPROVEMENT IN. SEWING MACHINES" IN FRINGEMENT. Re-issued letters patent No. 2,125, granted to John Bachelder, De- cember 12, 1865, for an infringement in sewing machines," held anfringed, although certain specific devices were found in the defend ant's machine, not known or in use at the date of the Bachelder, inventions. ED. in 1. George Gifford and Solomon J. Gordon, for plaintiffs William H. McDougall, for defendant.. + 2. I j 1 BLATCHFORD, C. J This suit is brought on re-issued letters patent No. 2,125, granted to John Bachelder, December 12ļ 1865; for an "improvement in sewing machines," (the original patent having been granted to him May 8, 1849; and extended: for seven years from May 8, 1668) and re-issued to him Sepi tember 22, 1868;), the said re-issued patent having been, by an act of congress approved July 14, 1870, (16 St. at Large; 656;) extended for seven years from the eighth of May 1870 This same re-issue was anderi considération by this court in Potter w. Braunsdorf 7 Blatchf: 97, and in Bachelder Mould ton, 11 Blatchf. 304...Numerous questions raised in the ▸