Page:Federal Reporter, 1st Series, Volume 8.djvu/448

 434 PEDERAIi BEPORTBB. �Many suggestions were made in argument, on the part of the defendants, which have been considered, though not now adverted to, as none of them control the salient points on which the decision is rested. �There must be the proper decree for the plaintiff in accordance with the f oregoing views, and a like decree in the suit against Handy, and in the suit against Thornton. ���De Flobez and another v. Eaynolds and others. (Oircuit Court, S. JD. New York. February 2, 1880.) �1. Re-Issue No. 1,804— Mbtal Pbbsekving Cans— LraiTATioN. �Re-issued letters patent No. 1,804, granted to Moritz Pinner, November 1, 1864, for metal cans, cases, boxes, etc., for preserving food, paiots, oilg, etc., Jidd vcUid, for the purposes of injunction, for the term of 17 years from Noyem- ber 27, 1862, the date when the same invention was patented in France. �2. Motion to Opbn a Deckbe — Supplumentai, AnSwer — Pbior Fkench Pat- �ent fok Same IinrBiiTioN—DDKATioN—NovELTT. �Upon a motion to open a decree and amend answer setting up the prier issue of a French patent for the same invention, held, that such patent could be ad- mitted only as aflEecting the question of the duration of the United States pat- ent, and not iipon the question of novelty. • �3. "Perpetual Injunction" Constbtjbd. • �The words " perpetual injunction," in a decree, mean only for the life of the patent, which must be determined by the statute and all the facts of the case, and not merely by the terms of the grant in the pg,tent. �i. iNTERLOCtTTOBY DECBEB — AmENDMBNT. �An interlocutory decree is always open to amendment and correction. �5. Section 16, Act March 2, 1861, Conbtbubd— Pbiob Fobeign Patent to SAmb Inventor for Same Invention — Limitation op United States Patent. �Section 16 of the act of March 2, 1861, providing that all patents therc- af ter granted should remain in force for the term of 17 years from the date of issue, and prohihiting all extension of such patents, Tield, to limit the duration of a United States patent for an invention previously patented abroad to the same inventor, to the term of 17 years from the date when the foreign patent had effect, as a patent, in his favor. �W. K. Hall and J. J. Marrin, for plaintiffs. �E. Wetmore, for defendants. �Blatohfokd, C. j. The original letters patent in thi» case were granted to Moritz Pinner, as assignee of Jean Bouvet, of La Eochelle, France, on the invention of Bouvet, and on his application as a sub- jeot of the empire of France, for an "improvement in metal cans, cases, boxes, etc., for preserving food, gunpowder, liquids, paints, ��� �