¶1Patents for- Inventions—Reissue. -
¶2A claim in a reissue cannot be extended so as to embrace an invention not specified in the original.
¶3Gifford é Gifforcl, for plaintiffs.
¶4B. F. .Thurston and '3. A. Duncan, for defendants.
¶6In view of the decision in James v. Campbell, 3 Morr. Trans. 439, there is so much doubt as to the validity of the reissue [“Improvement in Plug Tobacco,” granted, to Charles Siedler, October 24, 1876,] in this case, if construed, in regard to claims 1, 3, and 4, as covering labels not put under wrappers, that those claims must-be construed, for the purposes of this motion, as not extending to labels not under wrappers. That being so, the defendants do not infringe.
¶7The motion is denied.