Page:Federal Reporter, 1st Series, Volume 8.djvu/443

WOOSTEB V. BLAKK. 429 �In re Bear and others, Bankrupts. [District Court, S. D. Neu> York. July U, 1881.) �1. VeSTBD RlQHTS. > �One cannot be deprived of vested rights witliout his consent. �In Bankruptcy. Petition of Jones. �Bbown, D. J. The affidavits on the part of the petitioner show that the filiag of the claim as an unsecured debt was not legally the act of Jones. Neither he nor Porter, his attorney, ever authorized or assented to it. Porter held it to be used provisionally only, and f orbade its being filed. The preparation of the secured olaim, and Brainsby's affidavit of preparation for petition shortly after, confirm this view. Jones' lien under the levy was a vested right of property of which he cannot be deprived except by his own consent or that of his duly- authorized agent. The case is stronger than that of filing under mis- take or misapprehension of fact or law, where an amepdment is usu- ally allowed. The motion must therefore be granted, but only upon the payment of the costs of this motion, for the trouble occasioned by the evident laches and repeated applications. ���WoosTEE V. Blakb aud others. �(Circuit Court, 8. D. New York. April 27, 1881.) �Re-Is61JE No. 6,565— Ruppling Machines— Validiiy — Inpringembnt. �Re-issued letters patent No. 6,560, granted to John A. Pipo, July 27, 1875, for improvementa in machines for making ruffles, sustained as to Usfirst, mventh, eighih, and tenth claims, and hdd infringed as to such claims. �Re-Issue No. 6,566— Sewinq Machine poe Band Rupb-ling — Validity — In- fringement. �Re-issued letters patent No. 6,566, granted to George H. Wooster, July 27, 1875, for sewing machines for making band rufiiing, sustained as to its eighth and nintli claims, and hdd infringed as to such claims. �Invention— Primart Constituent — Mbchanicai, Operation- Mbchanical Arrangement. �Invention consists primarily in flnding out what mechanical operation is net essary to produce the practical resuit arrived at, and -when such operation is hit upon, the mechanical work is easy. It is easy, when the mechanical operation is seen, to say that it was obvious that certain mechanical arrange- ments would eftect it ; but mechanical arrangements are tried and tried in vain to reach a practical resuit, because the mechanical operation which is to effect the resuit is not yet seen. In looking at the completed thing the mechanical operation is there, but the inventer, though he knew all about cams and levers and other mechanical arrangements, did not have in advance before him the coveted mechanical operation. ��� �