Page:Federal Reporter, 1st Series, Volume 9.djvu/59

 44 FEDERAL REPORTES. �defendant, -was before the court in that case. The conclusion then reached should, therefore, be followed, unless indeed plain mistake be sbown. A proper regard for uniformity of decision requires this. If the defendant thinks he is injured, a review can be had in the supreme court, and the subject thus be put at rest. The confusion and mischief likely to resuit from conflicting decisions should be avoided. While there may be difficulty in distinguishing the plain- tifiP's process and machinery from that described in the British letters patent No. 55, granted to John Stenhouse, we do not feel ourselves justified in saying they cannot be distinguished, as they were in the case cited, and thus disregard the decision there made. As, respects the question of infringement, the defendant's jirocess and machinery areso similar in all respects, to that of the defendant in Hammer- schlaff.y.:Scamoni, that what is there saidon this subject, applieswith equal force here. �A decree must therefOre be entered for the plaintiff. ���McKesson and another v. Garnrios. �{Circuit Court, S. D: Jfem York. ■ AfTil s, U8I.) �L Lbttebb Patent— Pill jftACHiHE— INfrinoemknt. �Letters 'patent for an improvement in pill machines, grianted January 8, 1871, to Pierre Cauhapei ave nOt anticipates by either the Newton, Ctoward, or Murdoch & Haynes patents, nor by the Cordey apparatus ; but infringed as to claim 2, by the apparatus used by Carnick. �2. FosMAL Changes. �The use of the same combination is noue the iess an infringement for some changes in form. �3. SAMB^CLAIM 2 CONSTRUBD. �By " the moulds, A," in the second claim is.meant any suitable holder of the pills, whether they are formed therein or elsewhere. �4. Claim 2 — Validity. �The second daim is good though the mould will not form a pili ; provided, it wil! act as a holder for pills. 6. Same — Same — Combotation. �The comb-bar, needles, and pill-holders form a combination ; they are not a mere aggregation of parts. �6. Specification— SuKPLUSAGE. �The word " glycerine " used in the specification may be rejected as surplus- age. �7. Same — Claims. �Where the claims are clear and distinct they will goTern, rather than an ambiguous specification. ��� �