Page:Federal Reporter, 1st Series, Volume 3.djvu/524

BANfifeB V. BOSTWIOK. 'feÏ7 �Bankbb ». BosTwicK and another. �(Cireuît Court, 8. D. New York. Juae 14, 1880.) - �1. Patents Nos. 43,371 AND 42,351 — Improvbment in the Manupac,tdrh op Tin OASfa — The improvement in the manufacture of tiu cans for which letters patent No. 43,371, dated June 28, 1864, were issued to Banker & Carpenter, assignees of George W. Frince, -wm hot' de- scribed and shown in letters patent No. 42,351, dated April 19, 1864, issued to Edward Q. Oovell, Bor was such improvemeat known to or used by him. �In Equity. �Geo. Harding and John R. Bennett, for complaînànt; ' �Causten Browne and Livingston Scott, for defendants. �Wheelek, D. J. This suit is brought for relief against infringement of letters patent No. 43,371, dated June 28, 1864, issued to Banker & Carpenter, assignees of G-eorge W. Prince, for an improvement in the manufacture of tin cans, and nowownôd by the plaintiff. The defences relied upon are that this improve- ment was known to and used by Edward Q. Covell, and was described and shown in letters patent No. 42,351, dated April 19, 1864, and issued to him for an improvement in the man- ufacture of tin cans before the invention of ï*rince. The plaintiff insista that the invention and patent of Covell are for a different improvement from that of Prince ; and that, if ' not. Prince invented it before Covell did. The cause has been heard upon these questions, on pleadings, proofs, and argu- ment of counsel. �To understand these patents it is necessary to examine the drawings in connection with and as a part of the specifica- tion, and to rely upon them alone, to some extent, to ascertj,in the exact form and position of some of the parts, Hogg v. Emerson, 11 How. 587. �The improvements relate to the joints of flat-sided cans. Covell's invention was of a joint made by having onc edge of a plate for a side of a can turned inwardly, %ith reference to the can, with a bend at about a right angle, and then out- wardly with a circular bend, forming a shallow groove on tha ����