Page:Federal Reporter, 1st Series, Volume 9.djvu/475

 4.60 FEDERAL aEPOBTBP,. ■ �Maxhbimer V, Meyee and another. (Circuit Court, S. B. New York. October 6, 1881.) �1. Lettbbb Patent— Joindeb of Inventions. �The joinder of separate inventions for the accomplishment of a single resuit in the same patent does net thereby invalidate it. �2. Same— BiBD Cagbb. �Letters patent Nos. 162,400 and 218,758, granted April20, 1875, and August 19, 1879, for improvements in bird cages, the resuit being a cage in which the cross-bands are hollow wires with holes, through which the upright wires are placed, and which are held in place on the upright wires by short bends in the iatter, which are brought within the bands, which are then flattened, are in- fringed by a cage of similar construction, except that the bends extend la the direction of the axis of the bands, insiead of radially. �In Equity. �Arthur v. Briesen, for complainant. �J. Van Santvoord, for defendants. �Wheeleb, D. J, This suit rests upon two patents granted to the orator for improvements i x bird cages, — the iit-st, numbered 162,400, dated April 20, 1875, for a cage in which the horizontal bands are solid wires, with holes, through which the upright wires are placed, and which are held in place on the upright wires by short bends in the Iatter, forming shoulders above and below the horizontal wires, without solder or other fastening; the second, numbered 218,758, dated August 19, 1879, after an interference between him and Mi- chael Grebner, who prosecuted it at the instance and expense of the defendants, is for a cage in which the horizontal bands are hollow wires, through which the vertical wires pass, with short bends in them within the hollow of the horizontal wire, which is flattened so as to lock them together. The defendants deny the novelty of the second patent, and infringement of either. The plaintiff insista that they are concluded as to the novelty of the second patent by the decision in his favor against them in the interference proceedings. The defendants make andsell cages having vertical wires with bends in the hollow of horizontal bands, locked by flattening the Iatter, like the plaintiff's, except that the bends extend in the direction of the axis of the bands, instead of radially, whereby the band can be flat- tened more perfectly. �Itdoes not appear from any of the evidelice that any cages had ever been constructed before the plaintiff's invention described in his first patent, in which the upright wires and cross-band had been held together by their own conformation, without the aid of solder or some ��� �