Page:Federal Reporter, 1st Series, Volume 8.djvu/451

DE FLOBBZ V. BATNOLDS. 4:37 �a description and a dirawing annexed, referred to in the description. The text shows that the certificate of addition was "taken" Novem- ber 27, 1862. The certificate appears to have been made by the minister, February 20, 1863. �It is apparent, from these papers, that the two certifieates of addi- tion expired at the same time the original patent expired, namely, at the end of 15 years from November 30, 1861 ; that the first certificate of addition had effect, as a patent, from December 21, 1861 ; and that the second certificate of addition had effect, as a patent, from Novem- ber 27, 1862. �On the motion to amend the decree, it is insisted by the defend- ants that the plaintiffs' patent is valid only for 17 years from March 19, 1863, the date of the filingof the full specification of the English patent, or only for 17 years from November 27, 1862, the date of the deposit of the description and drawing annexed to the second certifi- cate of addition in the French patent, or only for 17 years from Feb- ruary 20, 1863, the date of the making of the certificate by the min- ister. On this view, it becomes unnecessary to consider,.in respect to the English patent, any date earlier than March 19, 1863, or, in respect to the French patent, any date earlier than November 27, 1862, 80 far as the motion to amend the decree is concerned, or so far as the motion to amend the answer is concerned, or so far as the motion to open the decree and the proofs is concerned, or so far as the motion to discharge the injunction is concerned. The defendants do not contend, on any of such motions, that the plaintiffs' patent is valid only for 17 years from a date earlier than March 19, 1863, in view of the English patent, or only for 17 years from a date earlier than November 27, 1862, in view of the French patent and certifieates of addition. No motion is now made to limit or define the time of the expiration of the United States patent, in reference to the time down to which the accounting must extend, and we do not consider the question whether, for the purposes of such accounting, the United States patent may not expire at a date earlier than 17 years from November 27, 1862, namely, at a date 17 years from a date earlier than November 27, 1862, in view of either the English patent or the French patent, or certifieates of addition. Nor is it, under these views, necessary to consider the English patent at all. It is plain that the second certificate of addition to the French patent, taken in connection with the original French patent and the first certificate of addition, show fully and patent the same inventions patented by the ��� �