Page:Federal Reporter, 1st Series, Volume 8.djvu/107

 HOBBS V. EING. ���9^ ���glass measures. It is shown that where the graduations are on the cavity of the glass mold the correctness 6t the work produced is affected by unavoidable variations in the quantity of molten glass put in the molds, for these variations affect the thickness of the articles of glass-ware through the bottom; but with Hobbs' appara- tus and method the thickness of the article through the bottoa makes no difference, for if the plunger goes down deeper into the mold the graduation made in the article will be correspondingly low down, and vice versa. We are of opinion that Hobbs' invention was not anticipated by either of the prior patents relied on, and that His improvement is both new and useful. �Finally, the defendants deny that they are infringers, They manufacture graduated glass-ware under and in accordance with let- ters patent No. 217,050, dated July 1, 1879, granted to Marx Bloek, one of the defendants, and they rely upon the Block patent for their justification. �Block's patent relates to the manufacture of internally-graduated glass-ware, and his improvement consists in a cup or other article of glass-ware formed on the inside with graduations extending entirely around the same, and also in the construction of a plunger for form- ing such graduated glass-ware. His plunger consists of a shaft, oyer which, and resting upon the head, are placed one, two, or more removable tapering rings, which are of gradually-increasing diame- ters and adjustable to the desired scale, and so arranged that the edges of the rings form shoulders or graduations around the inside of the glass, the parts of the apparatus being held together by a fol- lower, and a nut screwed on the shaft in the'manner desctibed ih the specification. �Block's first claim is as follows : �(1) "As a new article of manufacture, graduated glass-ware having the graduations in the form of shoulders on the inside of the glass, and extending entirely around the same, substantially as and for the purposes herein set forth." �He also claims the plunger; and the combination of the shaft, tapering rings, nut, etc. In his specification, Block states that by his invention — �" The outside of the glass is lef t smooth, and the graduations are on the inside in the form of shoulders, extending entirely around the glass, so that the exact quantity can easily be measured without liability of mistakes, as the sllghtest variation caused by an inclination of the vessel on any side would be detected at once on account of the circular rings or shoulders." ��� �