'. ,FEDERAL REPORTER.
day by complainant's prompt prosecution of his pending suit against the defendants. If some inconvenience or injury to complainant is caused in the mean time by the user of goods in the manufacture, of which his patent was infringed, it is better that he submit than that the courts be flooded with suits against the users. Public policy would seem to favor the rule that litigation for the purpose of ascertaining and sustaining the validity of a patent should be between the patentee and alleged infringing manufacturers. A doubt has been expressed upon the argument as to the authority of the court under the pleadings t<;> issue the order asked, no answer being on file,nor cross-bill for affirmative relief interposed. While hesitating, I have concluded that the application should be disposed of on its merits. The :complainant has invoked the chancery jurisdiction, and the petitioning defendant, without reference to the mere form of its pleading, ill, view of the record before me, seems entitled to the order prayed for in the petition; and, to the extent of restraining prosecuting suits against the purchasers Of users of the Ba,ll engine patent until the pending litigation involving the validity of the several ,patents terminates, the order will be granted.
CELLULOII> ':MANUF'G CO. 'l'. AMERICAN ZYLONITE Co.
.
and others·
(Oircuit Court, D. Maaaacltuaetta. September 7, 1887.),
1.
PATENTS FOR INVENTION-PATENTABLE NOVELTY-IMPROVED PROCESS FOB MAKING CELLULOID. '
In an action for the infringement of letters patent issued to John W. Hyatt, February 5,1878, for an "improvement in the manufacture of sheets of celluloid and other plastic compositions, " the specifications and claims describing the invention as relating to an apparatus and process consisting in piling a number of rough sheets of celluloid upon a grooved plate in a chase or mould; subjecting the celluloid to heat and great pressure, by which it is solidified into a single compact, rectangular slab. and portions of it are forced into the grooves; then cooling it, so that it shrinks. and those portions operate as clldches to hold the slab firmly in place; then planing the slab into sheets; and finally stretching these sheets upon a frame to prevent their wrinkling or warping while drying: held, that the process and apparatus was a patentable novelty. 2. SAME-INFRINGEMENT.
Letters patent issued February 5,1878. to John W. Hyatt, for an improvement in the manufacture of celluloid and other plastic compositions. describing in the apparatus the plate for retaining the plastic composition in place, provided on its upper surface with grooves. apertures, or indentations, uJ'lon which the matedal in shrinking can exert tension, held infringed by defendant's device employing an iron plate perforated by holes with screw threads, with plugs of zylonite screwed in, and depressions left around the heads of the plugs. into which portions of the celluloid are pressed and welded to the zylonite plugs, and pressed into the apertures around the heads of the plugs.
8.
SAME.
Letters patent issued February 5, 1878, to John W. Hyatt, for an improvement in the manufacture of celluloid and other plastic composition, the prothen heating cess consieting of subjecting the slab of celluloid to
CELLULOID MANUF'G CO. t1. AMERICAN ZYLONITE CO.
905
the mass from below, then applying the heat above, held infringed by defendant's process, in which the heat is first applied from above and from below. '
This was a bill in equity for the infringement of letters patent issued to John W. Hyatt, February 5,1878, for an "improvement in the man'" ufactnre of sheets of celluloid and other plastic compositions." The material parts of the specification were as follows: "The invention relates to an improved apparatus, and process for the manUfacture of sheets of plastic composition, and in the present instance is applied to the article known as 'celluloid.' . Heretofore the great obstacle to cessfully planing or reducing plastic or ,pliable material to sheets, by securing. it upon a surface and then feeding it to a fixed cutting-edge, has been that the material was apt to rise from the surface supporting it and ride up the knife, thus' cutting the material irregularly, or arresting the operation. Hence, to hold the slab of material firmly upon the surface sustaining it. pend" ing the operation of shaving or planing it into stri'ps, tia's been esteemed'a great desideratum, and is one of the objects effected by the mechanism and process hereinafter set forth. "The objects of the invention are accomplished brcausing the union in a single slab of a number of Sheets or pieces of celluloid, this being effected by means of pressure and heat; which contemporaneously amalgamate the sheets into a slab, and' also force portions of the under side,thereof into channels or inclined grooves',in the surface upon which the slab rests, which grooves are so arranged that, upon the hardening and shrinking of the material, the tions thereof iIi the grooves operate as a series of hooks or .clutches to retain the slab in place, after which thepIate supporting the slab is placed upon a machine for planing, whereby the material is shaved cif planed off in sheets or pieces of any desired thickness, according to the capacity of the machine', the sheets being sUbsequently dried in open frames, whereby they acquire ana retain formation. ' "UnseasoIiedcelluloid, when heated above 1500 (one hundred and fifty degrees) Fahrenh13it, becomes plastic, and can be easily manipulated so long as it is warm. but becoming cool it hardens, and. while losing its caloric, has a slight tendency to shrink. "In the ac.companying drawings, A represents a plate having a tongue, a, along its edge, and nozzles, d and e, intended, respectively, to be connected, when required, with pipes supplying steam or water. The plate, A, is hollow, for the purpose of receiving either steam or water, as circumstances. demand, and is provided near its edge with suitable bolt-holes, f. to afford a means of securing the chases hereinafter mentioned. The central portions of the upper surface of the plate, A, are occupied by a slightly raised boss, B, grooves. D, and the interthe entire upper surface of which is covered by mediate ridges or elevations, i. The grooves, Dj upon one side of the ver· tical-longittidinal center of the boss, incline inward and downward toward the vertical, central-longitudinal' plane of the plate, A, and upon the other side of said center incline in a similar manner towards said plane. "The purpose of thiscohstruction is hereinafter set forth, and may be ef. fected, thollgh not so satisfactorily, by means of apertnres of any desired form which have an inclination downward towards 'the said plane, the apertllres, or certain thereof, on opposite sides of the sai4 center of the plate tiavmg similar inclinations towards the said central plane;' "The edges of the plate, A, above the boss, B, are level, for the purpose of reCeIving the side and end chases, E, which are hollow, and provided with suitable inlet'll and outlets for steam, or othei'suitable means of heating, or water, 01' other means of cooling; or they maybe provided with apertures lead·
906
, i:.'
REPORTER.
ing into their cavities, whiclr 4,lan be placed over apertures in the plate, A. and the supt>lyofheating or cooling agent thus derived. The, screws, x"', are .!lrovided at the end of the chases fOl'the purpose of opening the chases aftp,r the sJab has been formed. These chases are firmly secured in a vertical posi.tion, and in J1lanner, about the boss, B, forming a rectangular inclosure, open above, the walls' and bottom of which can' be heated or cooled, as desired. The plate, A, with the chases, E, is placed upon the platen, F, of a hydraulic press, a non:..conducting surface, H, preferably composed of a sheet of metal superposed upon asl1eetof paper, being interposed between the lower surface of the plate, A,and the upper portion of the platen, F. The plate, 'A, is secured upon the platen, F, by means of the brackets, l, that extend overtbe tongues, a, on the plate. , Tile platen rests upon two upward-acting hydraulic I, operated by the hydraulic cylinders, L, which ate:placed upon the base, M, of the press, in such position as to sustain the platen,·F, horizontally. ,Upon the under surface of the top of the press, and sep3l'l\ted therefrom bya sheet of non-conducting material, is firmly secured the dependent platen, T, of llUeh dimensions as to niCely, 1:>ut not in an air-tight, ·manner,' fill the inclosure between the chases, This platen, T, is also made hollow, and provided with suitable, means fOr supplying its cavity with either steam or, water, or other heating or chilling agents. "The operation is as.follows: : The requisite number (If slleets of celluloid are superposed, one .abqve the other, upon the boss, B, ,which is placed exactly below ,the, platen, T" the chases being in place, and there secured by the frame, v.: and its clamp-screws. Hydraulic is nowcommuniClloted to the ramft,.L,,:which elevate tile platen, F, plate, . .J;D, and material ,the ,dependent platen, T, enters tile,' spl;\Qe between the chases,cornpressingthe IIlaterial between its lowel; surface and the upper surface of: the B, which,pre$sure is continuedu,ntil equaling two hundl;edand to the square inch, Which pressure is mainPaine<\!th'l;Oughout entU'l'l.operation. It is plain. however,. that the degree of pressure must be varied to suit the nature of the materiill to be affected through its action. 'The .requisite pressure being reached, the heating agent is,nE!xtadmitted ;i:nto;thl'l cavity in the plate, A, un,til it is properly affected·. :1S:ow, 8sthis from QIlIQw, the lowel' stratuui of the celluloid upon the boss is first heated and solidi(ied, w,hich expels the upward through the material, and thro,ughthe spaces between'the e4g6$ qf ,the materill,tan4 the :faces of the (,lhll,ses. Meantime, under the,l1ctiOnlQf.theheat"the·lowl'lf,"i1,ll'face of the celluloid.;h;:ts become plastic,and,thepre8Sl,ll'ebeillg the parts thereof above the same, are cOlllpletelylillthe groqves, p,. .The pressure and heat are maintained QutH. the.. airJsthoroughly expelled from the material, when the.heijtingagent is gr/lodllally introduced ,into the .cavity in the dependent .p,ll)t,eQt' T,nowin contact with the celluloid, whicb,under the operation ofther 1)eat being ,sl:Wplied, ,beCOmes plaEltic, and under the pressure is soliditied :i:nto a comp/loct slab. Thepres"ure being stillsusthe next ;step is to fill the plate, .A, chases, and. plf!,ten, T, with water or other suitable cooling agent, which forthwith chills t;he celluloid, where',upon it harMns:tn place, any shrinkage bllit;lgprevented,by the pres8ure,' while tb.epla.teand platen, blling placed upon non-conducting material, ·are not affeQtlldby. the temperature of ,the adjacent surfaces. ,The chases are now removed;', and ,the· materia"t. is ;found in a homogeneous slab secured upon the boss, B. Being exposedto·the air, the celluloid somewhat, which Oll,user,tpeportion thereof which has been fOrced into the inclined grooves to .operate as clutches or hooks, grasping the metal with immense power,8nd holdIng the slab firmly by a tension towards the center against any moveIIlent or force, eithel' lateral or upward.
CELLULOID MANt1YaOO. 11. AMERICAN ZYLONITE CO.
907
"Thus is the prime object of the invention accoinplished. It is plain, howof scrap celluloid 'of other form may be placed ever, that upon the boss; and compressed into a slab, and simllariyattacqed to the plate, suitable solvents, such as spirits of camphor, being mingled with the fragments to expedite the reunion and improve the result of the operation. It is also plain that the above mechanism may be effective1y used to secure various substances that become fluid or plastic under the action of heat upon a surface, preparatory to further manipulation; "The apparatus next involved relates more immediately to the planing or shaving the material into sheets. This mechanism consists of a frame of any desired strength and construction, provided with a traveling bed-plate, A' · held in phice by brackets or other suitable means, and operated by means of a screw, or any other means which will give the bed-plate, A',a reciprocatmg movement. "The operation of planing is effected simply by securing the plate,. A, carrying the slab of celluloid, upon the bed-plate, A', and causing the latter to move, thereby bringing the material secured upon the plate, A, in contact with the edge of the plane, which is depressed as desired, according to the thickness of the sheet to be removed from the slab. It-is obvious that after one of the slabs has been shaved off, leaVing only a thin film of celluloid. upon the plate, a second slab may be secured thereon by means of collodion, or other suitable solvents, that will cause the slab to unite homogeneously with the film remaining upon the plate, when the slab thus attached may be manipulated the same as though secured upon the plate in the manner first-above detailed. The sheet of celluloid is now placed in the frame, Z", so that its edges are between the two l?ections, X", thereof, whicb are clamped together by means of the bolts, z", and nuts, wlf , holding the material securely within the frame, where it is permitted to dry, during which operation it shrinks slightly; which draws it tant and straight across the frame, so that it hardens into a flat, sInooth sheet, after which it may be rem·oved from the frame, being nowfinishlid. The plate, A, may be grooved·laterally or otherwise, and bal's of wood secured in the grooves so as to be flush with, or slightly above, the surface of the plate, and the slab formed upollthis formation. The purpose of retaining the slab in P9sition may be effected, also, by vertical apertures in the plate, or, in fact. apertures or elevations of any order, in or upon or about which the plastic composition can be forced, and there permitted to harden, the essence of this element"of the invention being to affix: a plate of plastic composition upon a plate immovably, by combined heat and pressure and subsequfilnt cooling. Obviously, the plate,A, may be utilized,even if it be solid and not hollow, since the material may be made plastic before being put thereon, when it can be crowded into the grooves; or it may be crowded therein by great pressure. "What I claim as my invention, and desire to secure by letters patent, is(I) A slab of material secured upon a surface, through the operation of the power it exerts in shrinking, acting upon two or more elevations or depressions on.or in the surface on which the slab is placed, SUbstantially as set forth." "(3) A plate for retaining plastic composition in place, provided on its upper surface with apertures or indentations, upon which the material in shrinking can exert tension, substantially as set forth. (4) A plate for retaining plastic composition. provided with apertures or grooves inclining towards the longitudinal central plane of the plate, substantially as set forth." "(6) A hollow plate or table, provided with means of receiving a heati ng and coolillg agent. and having its surface grooved, indented, or corrugated, SUbstantially asset forth, and for the purposespecilied." "(20) The process of solidifying pieces of composition. which consists in subjecting them to presBure, then heating the mass from below, then applying heat above; the pres-
908
FEDERAL BEPORTER.
sure being sustained pending the heating operations. as and for the purpose specified.. (21) The process of solidifying pieces of composition. which con· sists in subjecting them to pressure. then heating the mass from below. then heating it from above. then cooling it while still under pressure. substantially as set forth." '" (23) The process of simultaneously consolidating several pieces of composition and affixing the slab thus formed to a plate, which consists ill rendering it plastic while under pressure, whereby a portion of it is forced into sUitably-shaped apertures in the plate, which portion is hardened while therein, su bstantially as specified." "(28) '.rhe within described process of making sheets of plastic composition, which consists-First, in forming and causingthe adhesion of a slab of the composition to a plate; second. subjecting such to, the operation of a plane. to reduce it to sheets; and, thh'd. drying the sheets thus produced in a frame. SUbstantially as set forth." "(30) A slao of plastic composition, fixed upon a bed or plate. by the means substantially as,herein specified, for the purpose of enabling the division or planing of the Illab, sq.bstantiallyas set A plate carrying a slab of plastic composition. affixed thereon by means of heat and pressure, substan· tially f<u;th. j:lnd for the pUI:pose specified." . The other facts of the so far as they are necessary to the under· standil1g of the decision, are stated in the opinion. Shipman, Frederick H. Betts, Rowland Oox, and Brandeis,for plaintiff. , ' Benjami1,l. F. ThUerBton, Horace, M. Ruggles, and Edwin M. Felt, for defendants. , Before GRAY, Justice, and CoLT, J. GRAY, , Pyroxyline, otherwise called nitro-cellulose, or guncotton, is made by subjecting a fibrous material, such as.paper or cotton rags, to the action of nitric and sulphuric acids. Celluloid, or zylonite, is made by combining pyroxylinewith a solvent of camphor and alcohol, and passing the compound through heated rollers ihto the form of rough sheets or slabs. The evidence clearly establishes that, in the state of science and knowledge before 'the experix;nents and discovery of Hyatt, no one had been able to form a massive rectangula.r slab or block of celluloid; ahd that the attempt to form such a slab or block was attended with very great danger, on account of the explosive character of the material. " The improvement of Hyatt, as described in his specification, consists in a ,nurnber of rough sheets of celluloid upon a grooved plate in a chase or mould; subjecting the celluloid to heat and great pressure, by which it is solidified into a single, compact, rectangular slab, and portions of it are forced into the grooves; then cooling it, so that it shrinks, and.those portions operate as clutches to hold the slab firmly in place; then planing the slabs into sheets; and finally stretching these sheets upon a frame to prevent their wrinkling or warping while drying. Notwithstanding some phrases" which, taken by themselves, might admit of a broader construction; it is quite clear, upon a view of the whole specificatjon, that the apparatus and process patented are limited to the Iilanufacture of celluloid and those kindred compositions, the base of which ispyl'oxylinej which under the infltlcnce oCbeat become
CELLULOID MANIJF'G. CO. 'II. AMERICAN ZYLONITE CO.
90.9
plastic, and can be: pressed into new shapes, without being reduced to I:j. liquid; which shrink in cooling; and which can be planed into but which are with difficulty held in place to be planed. A few qllQtations from the specification' will put this beyond doubt. The spe9ifi.,. cation begins with the statement that "the invention relates to an improved apparatus and process for the manufacture of sheets of plasFc composition, and in the present instance is applied to the material known ascelluloid." It presently afterwards declares that" the objects of the invention are accomplished by causing the, union in a single slab. ofa number of sheets or pieces ofcelluloid. " It emphasizes the fact tha,t "unseasoned celluloid, when heated above 150deg. plastic, and can easily be manipulated so long as it is warm, but ing cool it hardens, and, while losing its caloric, has a slight to shrink." In describing the operation, the specification states!that;in the first place, "the requisite number of sheets of celluloid are posed, one above the otherj" that, on applying the heat from .below ;/{$be lowerstratum of the celluloid" is first heated and solidified, and "the1Qwi;lj: surface of the celluloid" becomes plastic; that" the celluloid/' upon IlftAr· wards applying the heat from above, "becomes plastic; and pressure is solidified into a single compact slab;" thatthe ing "chills the celluloid, whereupon it hardens in place;" and that ing exposed to the air, "the celluloidshri.nkssom.ewhat." It s.tates that the operation of planing is effected by securing" the plateCa}ifY· ing the slab of celluloid" upon the bed-plate, and causing the latter to so a.s to bring" the material secured upon the plate '.' against the edge oHhe plane; and, lastly, that "the sheet of celluloid" is plliced upon the dryi l1 gframe. And each of the claims, although it does not mention celluloid by name', but uses the general term "material" or "plastic compositi.<?»." yet, by the words "supstantially as set forth." or "for the purpose spl'lcified," refers to the description in the specification, and is limited ingly. , . 'r It is equally clear that the specification and claims are limited to an apparatus and process in which the pla.te, on which the slab of rests,.has grooves or depressions into which portions of the cell111Qid be forced, and which may thereby aid in holding down the slab! as it shrinks in cooling, and while it is subjected to the action oitha pla08. The specification. at the outset, states that a principal object of .theil1,,"ention is "to hold the slab of material firmly upon the surface.su$taining' it, pending the operation ofshaviug or planing it into str,i;ps!;" :t\pd that this object is accomplished "by causing the union in asillgle' sJap oLa. number of sheets or pieces of celluloid,this being effected by of pressure and heat, which contemporaneously amalgamate the into a slab, and also force portions of the under side thereof into cMIlnels. or inclined grooves, in the surface upon which the slab rests, which grooves are .so arranged that, upon the hardening and shrinking of the material, the portions thereof in the grooves operate as a· series of hooks or crutches to retain the slab in place." It first describes anapparQ-tus for doing this, in which the middle of the upper surface of the
.r"
FEDERALREPORlI'ER.
,"
r'!.
a slightly raised 'bassI wMolly covered :with grooves and intermediate ore1evations, and the grooves on either side of the central, vertical, longitudinal plane of which iricliileinward and downward towards that planel and it afterwards, near of the descriptive part, adds that" the purpose of retaining the sliJ,b in position may be effected, also, by vertical apertures in: the plate, or"in fact, apertures or elevations of any order, in or upon or about which the plastic composition can be forced, and there permitted to harden,. the ess,ence of this element of the invention being to affix a plate [slab?] of plastic composition upon a plate inunovably,by combined heat and pressure and subsequent cooling!" The 'claims are equally limited,either by e:ipress mention of the grooves, depressions, or apertureS ill the plate, or by reference to' the previous description. I , The patent" so construed, sets forth a new and useful invention. It which a mass of crude celluloid may be held down 'fiimly upon 8pJate, the tendency of the mass to Shrink, .while cooling, to assist in,holdirig it down; then heated gradually and under great pressure,' so as to ;expel all air and gas, and afterwards cooled1,and, before it has become quite cold and hard, planed or CU't into sheets; and those sheets, then stretched upon It frame so that tney may dry-smoothly. All processes previously known were not only 'attended with great: danger, but left tf;he material more or less spongy -and porous, tind therefore not fiHo be ;used for so many purposes. Hy'att,by the probessdescribed was the first to produce a -large, slab, more durable, sllsceptpoUsh, arid·' capable of a' greater variety of uses. The ;:result is anew product, diffuring from any known before, not merely in 'd igree ofllsefulness.and excellence;' hut,in kind, having new properties and,ilc:lcbrding to all the authorities, a process producing such 1l,'l'e8ultis the' proper subject of a patent, although some or even all of the parts of the machinery or apparatus used are not new. Corning v. ilMotiJn; 15 it!0'9IV25!2,' 267 j Smithv. Dental Vulcanite 00.,93 U. S. 486, 14i94'j'C\Jchra.ne 94 H·. S. ?:8@,:788jTilghma'n v.Proctor, 102 IkS.701, 722-W7'26jRailroadv. Prock Co., 110 U. S; 490, 494, 495, 74 Sup. 01. Rep. 22(}; P'ermeYlitation;: Co. v. MaU8, 122" U. S. 413,428, 7 .$up. Ct. Rep'." 1304 j Cannington L. R. 5 H. 'L. 205 j Smith v. : ','" . .. ii ffhehol:dil'lg crude mass ofcelluloid ,down firtrlly' upon a grooved, perforated plate, the heating and cooling it under pressure, cnttmgitF while still warnl' Rnd' plaStic, into sheets, and the stretch'Wlfofthose sheets ion a frame so to dry smoothly, are successive 'steps in one ,prooess, the ;arid effect of which are to produce ·shei:lts bfcelluloid 'Ofasize l1ndqu8!lity not before obtainable. The case ;18 thus distinguished: from 'Manufaitu1'ing Co. v. Manufacturing 00., 114 '11. Et J)23, 5,SUP:'Ct. Rep. 1007, cited for the defendants, and the cases ,there to. ' Hyatt's patent being for a process, themodifieations in some particulars of the apparatus used bY' the defendants are unimportant. Although
.w.
as
EMERSON, :SMlTH&lCO. 11.
9H
the dfe'fendimts have not, made, such grooves hi the iron plate on which the slab ofcelluloirl rests, as 8Jespecifically described in the patent of Hyatt, they, have used: ain' iron plate perforated by,holes with ,screw threads" with plugs of zylonUescl'ewed into those holes, and gepressioll& left around the heads of those ;plugs, into which ,portions of the slab Of celluloid are pressed. The pressure not only welds ,the slab of celluloid to the celluloid plugs, but it forces portions of it in1iothe'apertures around. the heads ofihe plugs. The evidence leaves no doubt but that the<ie-fendants intended and expected by this contrivance to take advantage of the tension of the celluloid while cooling and shrinking, and that, they accomplished that result. ; , The facts, tbatthe defendants apply the heat first from above and 'a£terwardsfrom below, while,the plaintiff applies the hi'lat first from beI()w and ll;fterwards, froro aboive;: and that the sides or 'qhase or. mouldaJ;e not, like those: of the plaintiff's;made'h\:Sllow:for the putpose of containing ,ateam" do !not constitute any substantial differencem theprooess useeI'. by bothpil.rties. The case in this respectfalls within .the'principle of the snpremecourtinPilghman v.l'tot;Wr, 102 U.'S.707,.,SOiand oftbia'oourt in Machine(k)., v. J.51Fed. Rep; 390. r : . : ,I Doollee for the plaintiff. 1
[ I .j
EMERSON, ',' ",,'
&; Co., '," ,I,
(Owcuie aourt,w: 'l).Pennsylvania.'Angust 16,1887.),.
PATENTS ll'OltINvENTIONB-"-EFIlECT OF FOREiGN P A T E N T . ' , : ' · I
,Upon application !MtLy 31, 1;871;1e.tten of, t)le United:S...teelf01' a,Il- Ip,v.e,lttti,ol\, 6, 18'(2" ,On October the,JJI.v.entor.catised apphcMlonto b'e made In England for 'letters patent fot'iJ,ie ,'ilame 'iu¥Eiriticm,. and 'Ii provisional specificatioh!Wl1stben filed.PlirsUlIJl1tlto tli,'is apPlib,ation, Je,ttlJrllt,P,atent of G,reM Bd,tain, i, .!l, Ap,ril3, 1872, ,and dated 12, 1871. The eomplete. speqificatiou,' tli.e English patent was 'filed, AprI112, the sameh1l.Vlllg beetilllil}sd1'beU March 22, 1872. Beld/thut: the iuventlOnWall not "tirlit patented; :C}f to , be; pllit.$!ited,'1 in within of the act o,fJuly 8, 1870., an;d the t1l,e UnIted States the antedatJng Of the foreIgn patent,' " ,;" , '
,In Eqliity:' 'Surplea:. Wm. L. PiiJice, for coi:hplainants. Bakewell,&: Sons, for defendant. ·
., I'
,J. The plea goes to the right of the <lomplainant to main· tain its bill as to one of the Batents sUEld on, letters patent to ,Tames E.Emerson, No. 123,466; the allegation being that prior to the gra,nting thereof the invention, ,therein described and cIaimel:i had beell patented;or caused. to be patented, by said Emerson in Great and that this foreign patent; an<i hence also the patent in suit, .ha4exp4'ed ACHESON,