Page:Federal Reporter, 1st Series, Volume 7.djvu/872

 860 FEDEBAIi BBPOBTEB. �less liable to upset, using the same means that Topham ap- plied to spittoons, and producing the same resulta. He ha» substituted sheet-metal for other, and it may be lesa appro- priate, materials for the manufacture, but there was no inven- tion in the mere change of material. And his method of construction, to-wit, the putting together the cuspi|dor in three pieces, is so obvions that nothing was claimed for it in the patent, and nothing ougbt to have been. Any skilled mechanic would naturally adopt it without the exercise of inventive talent. �As the defendants justify under the Topham patent there must be a decree in their favor, and it is ordered accord- ingly. ���United States Stamping Oo. v. King and others. �(Cirmit Court, 8. D. New T<rrh. Auguat 23, 1879.) �1. Patent No. 119,705 — Cuspidors — Motion for Pbbli.minart Injunc- �TioN — Anticipation — Validitt. �Letters patent No. 119,705, granted October 10, 1871, to Eugene A. Heath, for improvement in cuspidors, on a motion for preliminary injunction, held, not anticipated by letters patent Ko. 106,194, granted August 2, 1870, to William H. Topham, for improvement in spit- toons ; also, held valid and motian granted. �2. Samb — Same — Anticipation — Inpringbmknt. �Heatli's invention, consisting of a metallic cuspidor, in form essen- tially a spheroidal body, with conical moutli flaring outwards, formed of three metallic parte, the lower being heavier, and the middle and upper being lighter, than in then-exiating devicea, the lower part extending up to the longeat diameter of the spheroid, the middle part of a dome shape and joined to the upper and lower parts, the upper part being an inverted cone forming a mouth, the whole not being liable to fracture, and having the capacity of returning to an upright position of itself, from a position not upright, when left free, Iteld, not anticipated by Topham's invention, consiating of a papier moche spittoon with a weight incorporated between the upper and lower layers of the bottom portion, tending to retain the vesael in its proper porsition when force is applied to tilt or upset it ; and infringed by defendant's cuspidors, constructed of three metallic ��� �