Page:Federal Reporter, 1st Series, Volume 1.djvu/211

LiaGETT A MTER3 TOBACCO CO. V. MILLEB. 203 �fieîal end coiild be accomplished. No one in the then exist- ing state of the art could, by the usa of any rolla known, or by any modes of operating the same, bave effected the designed end. Consequently, to uphold this patent for a pro- cess which woiild bave been ineffective without some inven- tions thereafter had, would be to block the path to all future progress in the art of milling, �The necessary resuit is that I dismiss the bill, the patent being void for want of novelty, and uncertainty. ���LiGGETT 4. Myers Tobacoo Co. V. Miller and othera. �{Circuit Court, E. D. Missouri. March term, 1880.) �Patent — Interfering Patknts — Sbhvice op Notice Outsibb of Dis- TKiCT. — In proceedings for relief against the owners of an interfering patent, under section 4918 of the Kevised Statutes, no provision is made for the service of notice upon parties outsideof the district in which such proceedings have been instituted. �iS. S. Boyd, for complainant. �Haich <& Stem and Wincliester e Beattie, for defendant'*. �McCrary, J., (prally.) This is a proceeding under seetior 4918 of the Kevised Statutes of the United States, touching interfering patents. I will read the section in f uU : �"Whenever there are interfering patents, any person inter- ested in any one of them, or in the working of the invention claimed under either of them, may have relief against the interfering patentee, and all parties interested under him, by suit in equity against the owners of the interfering patent j and the court, on notice to adverse parties, and other due proceedings had according to the course of equity, may adjudge and declare either of the patents void, in whole or in part, or inoperative or invalid in any particular part of the United States, according to the interest of the parties in the pn tent or the invention patented. But no such judgment or adjudi. cation shall affect the right of any person except the parties to the suit, and those deriving title under them subsequent to the rendition of such judgment." ��� �