Page:Federal Reporter, 1st Series, Volume 9.djvu/477

 462 FEDERAL REPORTER. �dental to the process of shaping the cages. Neither does this effect appear to have been observed before the date of the glaintiff's inven- tion, if it existed. This would not show that Fisher, or those who saw his work, invented, or had prior knowledge of, this thing pat- ented by the plaintiff, before he invented it. Eev. St. § 4920; An- dreivs v. Carman, 13 Blatchf. 307. �These conclusions make it unnecessary to considerthe effect of the decision in the interference proeeedings, even as to the invention of Grebner, set up in his application which set on foot these proeeed- ings. The defendants' mode of placing the bends in the upright wires lengthwise in the hollow of the cross-band may be an improve- ment upon the plaintiS's imode, but, if it is, in employing that improvement they make use of the plaintiff's patented invention without right, although that improvement is patented. �The plaintiff's second patent also contains a claim for a feed cup, in connection with the vertical wires of the cage, and it is insisted for the defendants that this invention is independent of the other, and that the patent for both is therefore void. But these inventions are eonnected together by being appropriate for use in the same cage for the coramon purpose of making a bird cage, and under these oircumstances the joinder of both in one patent does not render the patent void. Emerson v. Hogg, 2 Blatchf. 1; Hogg v. Emerson, 6 ^Hpw;437. ,, �Let a decree be entered for an injtmction and an account accord- ing to the prayer of the bill, with costa. ���AvEBiiiii CpemicaIi;PaintCo.v. National Mixed Paint Co. �and others.. �[Circuit Court, S. D. New York. October 29, 1881.) �I. Lbtthes Patent— Paints— Void Beissubs. �Reissues are void if broader than the original patent. �Hence, reissiied letters patent No. 7,031, dated Apfil 4, 1876, and granted ta �Danion R. Averill, assignee, for an improvement in paints, the claim being for �a, mixed liquid paint composed of certain ingredients, "put lip in tight yessels �or cans," is broader than the original patent, which made no claim to anything �. to' contain the paint, and void. �In Equity. ' �JohnJ^. Bennett.B,na George Harding, for plaintiff. Edmund Wetmore, ioi deienaa^nts. ��� �