Page:Federal Reporter, 1st Series, Volume 9.djvu/524

LOEILLAED V. CAUROLIi, 609 �ants' machine in 1858 ; continued in their employ until 1862, then went to the war; came back to them in 1865, and remained with them until 1869, daring which times he worked and became well ae- quainted with the Spring machine. He afterwards went into the employ of the defendant corporation in July, 1876, and remained there,10 months. While with them he saw in use by the defendant Company machines operating to turn sewing-machine needles, having substantially the same parts or elements that he was familiar with, in the Spring machine, to-wit, a griping-chuek, which held one end of the wire, leaving the other end free to be operated upon, and the wire passing through the dies or rest, which was preceded by a knife that was governed by cams or a former. �In view of the decision of the supreme court in Bennet v. Fowler, 8 Wall. 445, this proof, if not rebutted, would seem to be sufficient. In that case the proof of infringement was that the defendant used ma- chines substantially like the complainants, and the court held that if the defendant intended to contest the point he should have intro- duced proof to that effect. �Upon the whqle case, we are of the opinion that a decree should be entered for the complainants ���P. LOEILI-AED & Go. V. DOHAN CaEROLL & Co. {Circuit Court, S. D. New York. November 2, 1881.) �L Letters Patent— Plug Tobacco. �Beis3ued letters patent No. 7,362, dated Octoter 24, 1876, granted to Charles Sicdler for an impiovement in plug tobacco, consisting in a mode of making and identifying each separate plug of tobacco as being of a particular quality, origin, or manufacture, by tin labels or tags having any desired inscription on them, and prongs extending backwards from their edges, are not anticipated by English letters patent No. 1,516, dated April 30, 1874, granted to Gibson, Kennedy & Prior, nor void for want of novelty. �In Equity. �Livingston Oifford, for plaintiffs. �Samuel S. Boyd, for defendants. �Wheblek, D. J. This cause depends upon reissued letters patent No. 7,362, dated Oetober 24, 1876, granted to Charles Siedler, upon the surrender of original letters patent No. 158,604, dated January 12, 1875, for an improvement in plug tobacco. Their validity is eon- tested upon the grounds of want of patentable invention, want of novelty, and want of support of the reissue by the original, They ��� �