Page:Federal Reporter, 1st Series, Volume 8.djvu/830

 816 FEDERAL BSPOBTEB. �parts of the frame being so painted as to represent the outstretched wings of the eagle, the legs and claws of the eagle coming eut below, and there beihg on ita breast a ehield with stars and stripes. Mechanically, this structure contains all that there is in claims 1 and 2 of the plaintiff's reissue, although it contains no idea of a horse. But, whether the side frame be in the form of a horse or of an eagle, or of another bird or animal, is a mere matter of design, and has nothing to do with any mechanical element or combination found in either of those claims. It is shown that Brown made half a dbzen structures like No. 5, add sold one before Crandall's invention ; that he also made half a dozen others, like No. 5, before Crandall's inven- tion, exuept that they had representations of swans instead of eagles; and that the eagles were some ofithem shipped and some put iu the^ show-room ; and the swans wero putin the show-room. The evidence is also satisfactory that the structure, like No. 6, had a hinged toy- box in front of the seat, serving to hold the child in place and form- ing a receptacle for playthings. It coifld be turned over to let the child ont, and did not differ from that in the plaintiff's reissue. Tibbals does not remember the toy-box, but it is sufficiently proved by Brown, Cowry, and Allen. Claims 3 and 5 are, therefore, antici* pated by the structures like No. 6. �I deem it unnecessary to consider any of the other structures, or any of the prior patents set up in defence, as, on those above con- sidered, the bill must be dismissed, with costs. ���New Ameeicas File Co. v. Nicholson File Co. �{Uirauit Court, D. Ehode Mand. 1881.) �I. Patent No. 29,236— Filk-Ctjttistg Machine— Limitatton of Fobeign topoit United States Patents— Extension — Phivatb Act Extbnding Original �GbANT — JDEMUEEBR to BlIiL. �Etieme Bernot, the inventer of a machine for cutting filea, patented his in- vention in France, August 31, 1854, and in England, March 27, 1855. On July 24, 1860, United States letters patent No, 29,236 were issuod to him for 14 years from that date. Under the statu tes of 1836 and 1839, governing this is.sue, such a patent would have expired in 14 years from the date of the French patent, i. t., August 31, 1868 ; but in July, 1862, a private act of congress was passed, enacting that the grant should tie valid for 14 years from its date. On .July 23, 1874, before its expiration, the commissioner of patents extended the patent for seven years from July 24, 1874. A demurrer to the bill, denying the right of the commissioner to extend the patent, overruled. ��� �