by tliehighest court of the state of which respondent is a citizen. With a full appreciation of liberty of the independence of the bar, and the dignity and self-respect· of this court, I can see no other alternative than to' enter judgnumt in this action disbarring defendant from any longer practicing in this court as attorney at law and solicitor in chancery; and it is so ordered.
UNITED STATES v.MARSHALL FIELD & COletal., (OIrcuit Court of Appeals, Seventh Circuit.
CuSTOMS DUTIES-CLASSIFICATION-MANUFACTURES OF PASTE.
January 3, 1898.)
Articles In the form of buttons having a metal shank and back, and set with a cluster of imitation diamonds, commercially known as paste, the paste being the component material of chief value, and the articles not being commercially known as buttons nor as jewelry, were dutiable under paragraph 351 of the act ot1894, as "manufactures o f . · · paste or otwhfch paste Is the component material of chief value," and not as "buttons ot glass," under paragraph 317.
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District' of Illinois. This was an appeal by Marshall Field & Co. from a decision of the board of ge'neral appraisers reversing the decision of the collector of customs' at the port of Chicago in respect to the classification for duty of certain imported merchandise. The circuit court affirmed the classification adopted by the board of general appraisers, and the United States thereupoD'appealed to this court. " John C. Black, U. S. Atty., and Oliver E. Pagin, Asst U. S. Atty. J. M. Barnes, for appellees. ' Before WOODS, JENKINS, and SHOWALTER, Circuit Judges. PER CURIAM. The question is of the proper rate of duty on articles of merchandise imported in October, 1895, by Marshall Field & Co. The articles were each in the form of buttons having a metal shank and back and set with a cluster of imitation diamonds. The collector '(jf customs at Chicago classified them as "buttons of glass," dutiable at 35 percent. ad paragraph 317 of the act of August 27, 1894, but the importers, insisting that the classification :should be with "manufactures of paste,or of which paste is the component material of chief value," dutiable at 25 per cent. ad valorem, appealed to the board ofgener:H appraisers at New YOrk. board, onthe evidence adduced, found the merchandise in question to be in the form of buttons with metal shanks, and to -consist, in additiontb tM'shank and metaT back, of clusters of hnltation diamonds' commercially known .aspaste;that the paste was .the component material of chief that the articles were not knownc6IDmercially as buttons nor 'tis jewelry; "and that, on the principles enunciated by the board in another case mentioned in the
J'OHNSON ELECTRIC ,SERVICE ;CO.V. POWERS REGULATOR CO.
finding,. the claim 9f the merchandise was dutiable as a manufacture .of which PilSte is the component material of chief value, should be austained.! This d,e.cision t):le court below affirmed, and a carefql conl;lideration of the evidenr:e and of the briE'fs convinces us that the rulingis rigl;1t. ' The decree is therefore affirmed.
.JOHNSON EI.JECTRIC SERVICE CO. v. POWERS REGULATOR CO. (Oircuit Court of Seventh. Circuit. No. 426.
In a patent fora heat the diagrams showed, and the specifications described, a bar designed to expand and contract with changes of temperature, and the patentee stated that the valves were actuated "by the direct utilization of the mechanical effects of the expansion or contraction of the substances of which the thermostat Is composed." The claims included, as elements of combination, "a thermostat and a double valve operated directly ther.eby," and "a thermostat whose free portion is moved by a change of temperature In the surrounding medium," Held, that the patent was not Infringed by a device in which the thermostatic power was furnished by confined rhigolene, which changes from a liquid to a gaseous form, and back again, with variations of temperature.
·· SAME.....'J'EMPERATURE REGULATORS.
'The Johnson patent, No. 314,027, tor an Improvement in "thermo-pneumatic temperature regUlators," construed, and held not infringed.
Appeal from the Circuit Court of the United States for the Northern Division of the Northern District of Illinois. This was a suit in equity by the Johnson Electric Service Company against the Powers Regulator Company for alleged infringement of a patent. The circuit court found that there was no infringement, and dismissed the bill for want of equity. See 81 Fed. 626, for the opinion of the. circuit court, which contains a full description of the two devices. From this decree the complainant has appealed. Robert S. Taylor, for appellant. C. C.· Linthicum and C. K. Offield, for appellee. Before WOODS and JENKINS, Circuit Judges, and BUNN, District Judge. PER CURIAM. We concur in the opinion and conclusion of the court below, as reported in 81 Fed. 626, that letters patent of the United States No. 314,027, for improvements in thermo-pneumatic temperature regulators, had not been infringed by the appellee. The chief criticism of that opinion by counsel here has been that it is founded upon a mistaken definition or misconception of what constitutes a thermostat. We do not perceive that there was such a misconception, and, if there were, it was not the turning point of the dispute. By force of the specification and drawings ()f the patent and the concluding terms of each of the claims, of which infringement is alleged, the invention is limited to certain peculiarities of construction and result-