UNITED STATES tI.
(.DIstrict OOUrt, D. OO'llneettcut. December IS, 1889.)
OLBOHAllGARINE-RETAILING WITHOUT LICENSE.
A pel"son having a lioense to canyon the business of a retan dealer in oleomlQlo gariile in the town of W., which does not spaclfythe street or number at which the business is to'be carried on, and wbo has paid the tax, and who peddles oleomargadnel at retail, from a wagonhtbrougb the streets, is not carrying on the business OI a retail dealer, without aving paid the special tax.
Indictment for on the Business of & Retail Dealer in Ole()oo margarine without a License·
Webster k O'NeUl, for defendant.
SHIPMAN, J. The accused is charged with carrying on the business of a retail dealer in oleomargarine, on July 18, 1888, without .having paid the special tux therefor, .as required by the statute. It appears from the pleadings and the ad missions in the case that the defendant had a license to carry;on the business of a retail dealer in oleomargarine in the·town of Waterbury from May I, 1888, to April 30, 1889, and paid the speeial tax of $48 on May 0, 1888; that said license did not specify the street or number where the business WaS to be carried on; and that the defendant. peddled, from a wagon thrQugh the streets of Wl\te,rbury, oleomargarine at retail, under said Jicense. These being the only facts in the ca,se, it does not appear that the defendant is carrying on the business of a retail dealer without having paid th.e special tax., What the legal result would. have been if he had registered with the . the street and number in which he was to do business, or if the license had specified the particular place in Waterbury where he was to carry on his sales, it is not necessary to determine. The facts are insufficient to constitute the offense as charged.
MORGAN ENVELOPE CO. f1. ALBANV PERFORATED. WRAPPING PAPER CO.
MORGAN ENVELOPE CO.
PERFORATED WRAPPING PAPER
(Citrcuit COUrt, N. D. New York. December !0,1889.)
PATENTS FOR INVENTIONS-ToILET-PAPER PACKAGES-NOVELTY.
Letters patent No. 325,410, granted to Oliver H. Hicks, September 1, 1885, for a "package of toilet-paper," the olaim of which was for "a bundle of toilet-paper, consisting of one or more lengths of paper formed into a flexible continuous band, of oblong or oval shape, the short rounded ends of said bands serving as guides for determining the proper points at whioh the paper is to be separated, * * * and affording also the most advantageous surfaces upon whioh to tear the paper, " are invalid for want of novelty· Letters patent No. 325,174, granted to Oliver H. Hicksl August 25, 1885, for a fixture to be used with oval-shaped rolls of toilet.paper, ola1Illed (3) "the oombination, with an elongated or oval oscillating roll of toilet-paper, aotuated in one direction by a pull upon its free end of a stop constituting a knife oroutter, co-operating with the roll to sever the unwound portion therefrom when the roll has reached the limit " of its motion when so actuated." The fixture was durable, and designed to last for many years, while the paper might be used up in a short time. Held, that a sale of such rolls of paper manufactured by defendants, mounted on fixtures which have been preViously made and sold by complainants with paper mounted thereon, was not an infringement.
.. SA.'lIE-ToILET-PAPER FIXTURES-INll'RINGEMENT.
Letters patent No. 357,998, granted to Oliver H. Hicks, February 15,1887, claimed "(1) the combination, with an oscillating roll of toilet-paper, actuated in one direction by a pull upon its free end of a stop for arresting the roll at the limit of its motion when so actuated, whereby, upon the arrest of the roll, a portion unwound from it may be removed; (2) the "combination, with an oscillating roll of toilet.paper, " etc., "of stops for arresting the roll at. the limit of its motion when so actuated, and also for arresting the motion of said roll at the limit of the oscillation in the opposite direction; (8) the combination, with an oscillating roll of toilet·paper having its bearings out of line with its center of gravity, and actuated in one direction bya pull upon its free end of a stop for arresting the roll, * * * wnereby, when the roll has been arrested, and the length of paper removed. the roll will automatically resume its normal position." The fixture consisted of a back plate, two rigid arms extending outwardly at right angles, a flat metal core plate on which the I roll of paper is mounted, pivoted at the outer ends of the arms, and heavier on one side of the pivot than on the other, and a blade, extending between the arms at their inner end, acting as a stop and a cutter. The fixture sold by defendants dif· fered only io that its arms were hung loosely on the back plate by means of a hinged transverse bar, which acted as a wben oval rolls, mounted ou a sufficiently wide core plate, were used with It. 'Ihis fixture was a duplicate of an old one in common use at the date of the patent, which used cylindrical rolls on wooden spreaders, except that it had sometimes the core plate of the patent aod oval rolls when· it did the same"work. HeW. that, as the core plate was not an element of the above claims, if they were infringed by a sale of defendants' fixture with oval rolls of paper, they were invalid for want of novelty; and If the stop described were an essential element of them, they were not infringed.
The fifth claim of No. 857,9\18 was for "the combination, with the supporting arms, of an oscillating' core plate, weighted on one side of its pivots so as to cause the roll supported by it to automatically resume its normal position after being oscillated, aod a stop for limiting the motion of said plate." Held, that this claim was in· fringed by defendants' fixture whenever a core plate was used, weighted or hung so that its depending side, when rotated upwardly, would be arrested by the trans· verse bar if any paper were left on the rOll, and would fall by its own gravity.
In Equity. On bill for infringement of patents by the Morgan Envelope Company against the. Albany Perforated Wrapping Paper Company and others. Church &: Church and B. F. ThurBton, for complainal;1t. A. J." Todd, for defendant&. . v.40F.no.l0-37