Page:Federal Reporter, 1st Series, Volume 8.djvu/533

COBDBN V. SCHROEDER. 519 �the scope of the patent ; and it would have the same effect if invented by Smith himself. But, upon the afi&davits, it was merely a,n exper- iment on the way to the completed invention, and has no effect at all. �In this state of the case there is but this argument for opening the case : that another action is pending by the plaintifs against differ- ent defendants, in which these mattersmay be investigated; and if it should turn out, upon the hearing of that case, that the patent is void, it would work a great hardship upon these defendants to be obliged to pay damages and to be enjoined, -when all the rest of the world could use the invention. The plaintiff corporation meets this point by saying, in its printed brief, that it is willing to defer taking the final decree in this cause until time has been given to bring that cause to a hearing. Even without such a stipulation, I do not find that enough doubt is thrown by the affidavits upon the soundness of the original decree to require me to open it. But, with that under- standing, no possible ground is left for such action. �Leave to open the cause refused. �Biierk y. Imhauser, Supra; De Florez v. Reynolds, 16 Blatchf. 408; Adair V. ThayeTy 7 Fed. Eep. 920. ���CoBURN and another v. Schroeder and others. �(Circuit Court, 8. D. New York. July'31, 1881.) �1. Kb-Issue No. 8,091 — Cases for Tbansporting Eggs— Valimtt— IirPRiKSii- �MENT. �Re-ls8ued letters patent No. 8,091, granted February 19, 1878, to John L. and George W. Stevens, for cases for transporting eggs, hdd vaiid and tnfringed. �2. Bamk — Same — Anticipation. �Complainant's device for transporting eggs, consisting in placing thin strips of the proper width edgewise, crossing each. other, and halved together at proper distances, between horizontal thin partitions in a box, mailing layera of cells, (limited onlyby the height of the hox,) preferably irrespective of the wails of the box, to hold each an egg, separate from all the others, secure against injury from without the box and from moving the box in transportation, ?ield, not anticipated by traveling cases with compartment-trays for carrying samplos and boxes for holding challc-balls, ink, medicine, or perfumery bottles made with similar partition strips and having compartmenta in two Jayers separated by a horizontal partition. �In Equity. �Andrew J. Todd, for orators. �Samml Greeiibaum and Everett P. Wheeler, for defendants. ��� �