Page:Federal Reporter, 1st Series, Volume 1.djvu/336

328 pbdbeal beportbb. �The Atlantic Giant Powder Company v. The Dittmab PowDEB Manufaotubino Company and others. �(Cirmit Ootirt, 8. D. Mw York. March 13, 1880.) �Patent— Keissttb No. 5,799— Combination op Nrrao-GLTCEnrNB with Infdsokial Earth or othbr Absorbent Substance. — Question con- sidered whether patentee derived knowledge of the invention from tte alleged infringer of the patent. �Former decisions in relation to reissue No. 5,799 followed. �Application for preliminary injunction for alleged infringe- meut of a patent. �George Gifford and Causten Browne, for plaintiff. �Everett P. Wkeeler, and Clarence Lezow, for defendants. �Blatchford, J. Thia is an application for a preliminary injunction, founded on reissued lettera patent No. 5,799, granted to the Giant Powder Company, March 17, 1874, the original patent having been granted to Julius Bandmann, as assignee of Alfred Nobel, the inventor, as No. 78,317, May 26, 1868, being the same reiasued patent which was before this court in the case of the same plaintiff against Eand, and in the case of the same plaintiff against Parker, both of them decided May 5, 1879, �The specifie samples of powder complained of were sold by the defendant, the Dittmar Powder Manufacturing Company, through the defendant Cari Dittmar, and are two in number. No. 1 and No. 2. Dr. Hayes testifies that, by analysis, 100 parts by weight of No. 1 contain, nitro-glycerine, 67.64 parts; cellulose, (paper stock,) 16.82; saltpetre, (nitrate of soda,) 15.54; that, by analysis, 100 parts by weight of No. 2 con- tain, nitro-glycerine, 27.86 parts; sawdust and charcoal, in nearly equal proportions, 5.59 ; saltpetre, (nitrate of soda,) 66.55 ; that. in his opinion, the solid ingredients found in each of said analyses constitute together an absorbent substance, which is an equivalent of the infusorial earth specifically mentioned in the plaintiff 's patent; that the powders so examined by him are each a combination of nitro-glycerine, with such absorbent substance in substantially the same man- ner as the combination of nitro-glycerine and infusorial earth ��� �