4.00
FEDERAL REPORTER.
within which is coiled a strip of material having upon it ignitable pellets. This strip is fed out of the case by a feeding device, and, when one of the pellets has arrived at the proper position, it is struck by a hammer, and thereby lights a wick or flexible punk, which is contained in a tube which has a feeding device to goveru the motion and position of the wick, and is provided with an extinguisher. The wick tube is so arranged. in relation to the point of explosion of the successive pellets as to insure the lighting of the wick by such explosion when the extinguisher is removeCl from its closed position and the wick is fed forward by the feeding device. Claims 1 and 2 cf No. 206,835 are as follows : "(1) In a pocket lighting device the combination of an adjustable percussion tape, ignited by any suitable mechanism; (2) in a pocket lighting device a box or case having a hammer capable of operation from the exterior, a wick duct or tube, means for feeding and exploding a pellet by the actioll of the hammer, and a wick feeder."
The "adjustable tinder" is described as a wick or flexible punk, placed in a tube and adapted to be fed forward or upward by a star wheel or other suitable device for that purpose. The "adjustable per. cussion tape" is described as fed forward by a pawl. A mechanism such as "a st,ar wheel or other suitable device" to feed the wick is an essential element in claim 1. It is a. necessary feature of the "adjustable tinder" of that claim. It is also a necessary element of claim 2 as "a wick feeder." In the defendant's structure there is no such mechanism. The wick is pulled by the hand in both directions without any feeding mechanism. Therefore, there is no infringement. There must be a decree for the plaintiffs, on the first five claims of No. 8,490, for an injunction and an account, with costs.
BERNARD
and another v. HEIMANN and others.
(Circuit Court, S. 1.
n. New
York.
October 7,1881.)
LETTERS PATENT-HEAD-l)ovERINGs-NoVELTY.
Letters patent granted to Robert Gray, September 9, 1879, for an improve. ment in head-coverings,-the claim being for a head-covering consisting of a support of buckram or the like, a top layer of flock, and a canton-flannel or other similar lining, SUbstantially as and for the purpose described,-are not anticipated by the Kendall Bracher's frame, the Morse hat, or the hats of 1876 of the Novelty Company.
S. J. Gordon, for plaintiffs. J. H. Goodman, for defendants.
v.
HEIMANN.
401
BLATCHFORD, C. J. This suit is brought on letters patent granted to Robert Gray, September 9, 1879, for an "improvement in head. coverings." The specification, which is accompanied by and refers to a drawing, which represents a sectional side view of a hat embodying the invention, says:
"This invention relates to the manufacture of hats, bonnets. or other headcoverings with a top layer of flock. Hats of this description have been made by applying the flock to a buckram support, but have invariably been stiff owing to the fact that in order to give the article the required body or strength it was necessary to use a heavy or thick piece of buckram. One objection to this hat is the stiffness referred to, it being desirable in some cases to furnish a soft hat, and another the visibility of the buckram tending to defeat the object of the flock-layer, which is to produce a felt-like article. My inv,ention is a head-covering, consisting of a support of buckram or the like. llo top layer of flock, and a canton-flannel or other similar lining, whereby the article is rendered papable of taking a soft finish, while both surfaces thereof have the appearance or semblance of felt-one of plain felt and the other of napped felt. In the urawing the letter A designates the support, B the flocklayer, and C the canton-flannel or other similar ,lining. In carrying out my invention I first cement the lining, C, to a piece of buckram, or other like fabric, by a suitable adhesive Bubstance, with the nap of the lining exposed, and then press the two together in any usual or suitable manner to the desired shape. In lieu of canton fla.nllel the fabric known as · glove lining' may be used. I now apply to the buckram a layer of cotton, woolen, or other flock, this pro. cess consisting in coating the buckram with an adhesi va substance, and strewing the flock thereon in finely-powdered form. The article is then in a state for trimming. The buckram, A, supports both the flock-layer, B, and the lining, C, and being re-enforced by the lining, a light or thin piece of such material may be used, rendering the article pliable or soft, substan tially like soft felt. The appearance of the article, moreover, is felt-like, inasmuch as the lining has the semblance of napped felt and the that of plain felt."
The claim is as follows: "A head-eovering consisting of a supnort of huckram or the like. a top layer of flock, and a canton-tlannel or siml1a.r lining, llubstantially as and for the purpose described." ,
The only defence is want of novelty. It is plain that the hat of the patent must be a hat made by pressing the materials into the shape of a hat, and not made, the top in one piece, the side crown in another, and the brim in another, and then these joined. There must also be(1) A layer of flock on a support of buckram, or the like; (2) a support (If buckram, or the like, next the flock, with a coating of adhesiYe substance on the buckram, on which the flock is strewn; (3) a canton-flannel or other
v.9,no.6-26
402
9imilar lining on the face of the buckram, to which the flock is not applied, with the napped face of the canton flannel exposed, and not. nex:t to the buckram.
The Kendall turban, defendants' Exhibit No.3, has no side crown or brim. Irrespective of this, it is not satisfactorily established that that article had in it any stockinet support, or anything but canton flannel, with flock applied, directly to the unnapped face of the canton flannel. Bracher's frame, No.6, if made with the unnapped face of the canton flannel exposed, had only flock enough put on the buckram to take an impression of the straw braid, and was made, not for use in that condition as a hat, but solely to be stamped as an imitation of a straw hat. The flock was put on only as a pulp on which to emboss, and the flock, by the embossing, lost its identity and parted with all resemblance to felt. The. Morse hat, No. 13, is a flocked buckram hat, with a strip' of canton flannel put in separately as a brim. Hats such as the Novelty Companyhats of 1876, of canton flannel, muslin, and flock, with the napped face of the can. ton flannel not exposed, were not the. Gray hat. It is plain ,that cementing the nap to the buckram tended to destroy the pliability or softiless aimed at by Gray, by reason of the absorption of the nap by the cement, and that there could be no appearance of napped feU. The case is one where there was sufficient invention to support the patent, and there must be a decree for the plaintiffs, with costs.
DOWNTON 'V. TIlE YAEGER MILLING
Co.
(OirlJuit Oourt, E. D. Missouri.
1.
LETTERS PATENT-]\'[IDDLINGS FLOUR.
Certain instruments, set out in full in the opinion delivered by the court, held not to amount to such an assignment by Downton, a patentee for a pI:ocess patent, of which the claim is for manufacturing middlings flour by passing the middlings through or between rolls, of his right as patentee, as to preclude him from suing third parties who infringe his patent.
In Equity. W. G. Rainey, for G. M. Stewart, for respondent. DILLON, C. J., (orally.) We are prepared to announce 9ur'()onclusions in the case of Downton v. The Yaeger Milling Co. This is a bill in equity by the complainant, as the patentee in a granted by the United States for an invention,-in charaoter a pro<:ess patent/-against the Yaeger Milling Company for the
