Page:Federal Reporter, 1st Series, Volume 7.djvu/787

 TYLER V. CRANE. 776 �that Buit is merely a mode of adjusting the pressure in the valve, which is the subject-matter of the patent aued on in No. 1,184. Bills dismissed, with costs. ���Ttlbb and others v. Cbanb. {Oireuit Court, D. New Jersey. December 17, 1880.) �1. Rb-Issub Na. 6,609— HAEVBSTnia Machihb— Valeditt. �Be-issued Jettera p^itent Np, 6,609, granted Samuel W. Tyler, Augtnt 24, 1876, for improvements }n harvesting macliines, hdd, valid as to the thirda,nafourth claima. �2. Patent— iNPBrNGKMBNT— Anticipation — Fiest Inventob, �In a suit for infringement the patent act allows as a defence antic- ipation by ottier letters patent or by a printed publication ; and when the former ia pleaded the complainant may show, if he can, that the date of the actual invention was older than the date of the contpsting patent ; but no emphasis is laid upoa the inquiry into the time when the inventer of the alleged prior patent made his invention. �3. SaMB— LoNa-IjNQUESTIONBD VALDOITT — EXTENSION— Re-IBSDE—VA- �LIDITY. �The long-unquestioned validity of a patent, its extension, and re-issue, all make a strong prima f acte case for sustaining such patent. �4. Bamb— Uttlitt. �The incorporation by the defendant in his machine of the com- plainant's invention is an evidence of utility. �5. SaiDE— iNFItmOEMENT — MODIPIED APPLICATION NO DEPENCB. �The defendant cannot relieve himself from the charge of infringe- ment by directly and not mediately attaching complainant 's invention: to his machine. �Oomplainant's invention, consisting of a rigid support or frame, cast or formed in one piece, attached to the axle of a harvesting machine upon which the gearing and shafts which communicate motion from the main gear-wheels, or driving wheels and axle, to the cutter, are borne, and bearing upon a rectangular wooden frame act- ing as a medium of support between such frame and the axle, hdd, infringed by a device in which the rectangular frame is dispensed with, and such support directly attaclied to the axle. �In Equity. �Seward e Dodge, for complainants. �Thmston, Woods e Adams, for defendant. . ,. ��� �