Page:Federal Reporter, 1st Series, Volume 8.djvu/624

 610 r FEDERAL REPORTER. ■ ■ �In this case the descriptibn di the original patent said that the invention did not consist in what the re-issue now says it did con- sist. The original' patent, carefully excluded the part which the re-issue says is the principal portion of the invention. I do not mean to say.as matter of law, that ian untruthful disclaimer, inadvertently made, of a minor; part or detail of an invention can never be dis- ciaimed, but I simply say that a comparison of the original and rc-issued patents in this case shows that new matter was inserted in the re-issue, the comparison showing that the amendments which were introduced into the re-issue substantially changed the character of the invention which was the subjeot of the original specification, because they reclaimed an important part of the invention which had Oiiue been applied for and thereafter had been formally waived. The other criticisms which were made by the defendant upon the re-issue do oot seem to me to be important. �;; The second claim is valid, and bas been infringed. When the plaintiffs shall have presented to the court satisfactory evidence that they havefiled a proper disclaimer of what is claimed by the first claim of the re-issue, they will be entitled to a decree for a perpetuai injunction, and an accouht of profits and damages as respects the second claim of the, re-issue, but without costs. Schillinger t. Gun- ther, 17 Blatchf. 66. ���Beatty V. HoDGEs aud others. �(Circuit Court, S. Z>. Neto Tork. July 13, 1881.) �1. Patent No. 185,716— Sweat-Lining for Hats— Kovblty — Vaiiditt. �Letters patent No. 185,716, granted Deoember 26, 1&76, to John P. Beatty, for improvelnent in sweat-linings.for hats, held, voidfor ward ofnovdty. �Hats with sweat-linings extending well ont upon the brim and far enough to be stitohed, through the brim outside the crown-band, being well known, complainant's patent for extending the sWeat-lining well out upon the brim, crimping it over the angle formed by the brim and crown, and stitching it to the brim by stitches passing perjpendicularly through the brim outside the crown-band, held, invalid. �In Equity. �Eugene Theadwell, for plaintiff. �Frederick H. Betts,- for defendants. �Wheklbr, D. J. This suit is brought upon letters patent No. 185,- 716, dated Deoember 26, 1876, issued to the plaintiff for an alleged improvement in hats, consisting in extending the sweat-lining well ��� �