UNION8TONE CO. 'V. ALLEN.
ants, because derived from the patentee by an independent license. The fact that this license was granted by the patentee to the Dale of the other comTile Manufacturing Company with the plainants, does not alter the character of the respective inte.rests of the parties in the subject-matter. There is, ,therefore, a misjoinder of parties complainant. The demurrer is allowed.
see s. O. (lnte, 297.
Circuit Court, E. D. Pennsylvania. November 17,1882.)
PATENTS-IMPROVEMENT UPON FOlUOllR INVENTION-INFRINGEMENT.
An addition, even though an improvement, made to a patented invention, does not confer upon a subsequent patentee the right to use the device described in the former patent.
The patent (No. 102,218) for oil-stone holders is infringed by the patent (No. 224,970,) for hand tools for dressing millstoneR, even though the latter may be an improvement upon the former by the addItion of a bar bacJt of the stone.
In Equity. Hearing on bill, answer, and proofs. isBill to restrain an alleged infringement of patent No. sued April 26, 1870, to Brown, for an improvement in oil· stone holders, assigned to complainant. Respondents denied that complainant's patent possessed any patentable novelty over the wellknown joiners' and carpenters' bench vise, and also denied the alleged infringement, and alleged that Me device made and, sold by respondents was constructed under letters patent No. 224,970, issued February 24, 1880, to William L. Tetter, one of the respondents, for an improvement in hand tools for dressing millstones, whieh, they claimed, did not include the "pointed feet" described in complaiml.nt's patent, and was further distinguished by having a detachable handle and also a solid-metal plate between and in contact with the block and the clamping-rod. George E. Betton, for complainant. Joseph P. Gross, for respondents.
4IReported by A,lbert B. Guilbert, Esq., of the Philaaelphla bar.
. ,': 'iI'EDEBALBllIPOB'l'EB.
BUTLE1l.,D, J. ,Little n,eedbe indisposing of this ease. Tne plaintiffs patent isfoNLn "improvement in oil-stone holders." The presuni'ptionof from the letters, is not overcome by li.nythil'lg flhown. A -compa.rison ;ofthe two holders..-plaintiff's and defendant's.......leaves,no>roomdi0 Idoubt that the la.tter contains the elements of the former. The use for which the defendant's "tool," as he denominates it, is intended, is unimportant, as is also the manner of using it. The plaintiff is entitled to every use to which his invention may be applied. The defendant cannot have the benefit of the plaintiff's holder, even though he may have improved it by the addition of a bar, back of the stone. It would be unprofitable to discuss ,he law or testimony length The plaintiff must have a decree.
D. OaUlC1t"Ma. February 11, 1881.)
1. 'BOATSAND VESSELS-LIEN FOR SUPPLIES-
Under a state lpw which gives a lien on vessels plying the interior waters of the state for materials and supplies furnished to the vessel, for her use, and on her credit, where such suPplies were ordered by the master appointed by the a ,lien. , owner, the lp.w
2. SAME..,..CUARTERED ,VlllSSE:tr-No';J.'IOE ,TO, DEALERS.
'the owner, irho a' vessel to third parties and under the terms of the charter-Plutyaptloints the' master for the term of thecoritract, seeks to displace ,the lien given by statute for materials and supplies furnished vessel bj' setting a agreement by which the master was depfived of the. authority to create liens on the vessel, he shouid show by clear proof that explicit and unequivooal notice of the facts was given to persons dealing ' ,with the vessel.
,Milton4ndros, for appellant. a. M. Williams, for eilloimant. G. D. Hall and W. W.Morrow, for several intervenors. ROE'FMAN, D. J. Itis not' denied tha.t the supplies were furnished and the repairs made as set forth in the libel of the libelant and those of the intervenors. At the time these debts were the'vessel was under chart'er to G. A. and J. C. Sp!3ncer. ' By the terms of the Carleton & Spenc'er'agreedto pay'!all bills fOr wages, coal, supplies, and wharfage, accruing against the steamer during the period of the
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