Page:Federal Reporter, 1st Series, Volume 9.djvu/217

 202 FEDERAL REPORTER, �vented a particular form of wooden bushing encased in an iron one, and took a patent for that, describing no other. The reissue is for any form of wooden bushing in an iron one ; that is, for an invention not described in the original. If he had diseovered, as he now bas, that other forms were useful, he might doubtless have had a patent covering them, or, if he had described them in his patent, had a valid reissue covering them ; but he did not do either. Let there be a deoree dismissing the bill, with costs. ���Blatheewick V. Cabey and others. {Oircuit CmvH, N. D. lUinou. October 28, 1881.) �1. Lbttees Patent— Hohsbshoes. �The distinctive feature of patent No. 170,809, granted to Nelson J. Blather- wick, December 7, 1875, for an improvement in horseshoes, being a projection beyond the wall of the hoof, made by curving the shoe almost at a right angle froin the natural toe, or point of the hoof, to a point nearly as far inward as the widest part of the hoof, so that the inner fore-quarter of the shoe was nearly a right angle, is not infringed by a shoe in which the projection is lack- ing. �2. ESTOPPKIi. �Defendants are not estopped from denying infringement by reason of hav- ing at one time acted uuder a licunsc from the compiainaut. �In Chancery. �Merriam e Whipple, for complainant. �Wood e Cttnningham and West e Bond, for defendants. �Blodgbtt, D. J. ihis is a bill for infringement of patent No. 170,- 809, granted to Nelson J. Blatherwick, the complainant, under date of December 7, 1875, for an improvement in horseshoes, and reaching back by caveat to October 21, 1874. The object of the invention is declared in the specifications to be the construction of a shoe to pre- vent horses from interfering, and the end is said to be obtained — " By making the shoe broader and fuller upon the inside than upon the out- side, enlarging it at the toe and upon the inside, thus increasing the support for thehorse atthat point, the effect of which is that in traveling this point is the last to leave the ground, and the tendenny is to throw the ahkle of the horseoutward andavvay from the opposite ](.'g, iustead of inward and towards it, and whenthefootleaves the ground it l'ollovvstliis position of thaankle.and is thrown away from rather than towards tlio opposite leg. Wlien the ankle is in this position the opposite hoof can paas wiliiout interfering." �The drawing (figure 1) shows the inside fore quarter of the shoe carried forward so as to project beyond the wall of the hoof to such an ��� �