Page:Federal Reporter, 1st Series, Volume 8.djvu/605

WRIGHT V. BANDEt. 591 �the elaborate brief of the defendants' counsel against the charge of infringement, it is sufficient to say that inf ringement of the first claim is the resuit of the construction which has been given to that claim; There should be the usual decree for the plaintiffs. ���Wright, Jr., v. Eandel and others. �{Circuit Court, If. D. Nm York. August 4, 1881.) �1. Equrrr. �Between equal equities the law will prerail. �2. Lbttbbs Patent — Asbionbeb — Bdpbkiok Titlb. �Bona fide purchasers for value without notice, under an instrument of assign- ment which was duly recorded, whereby interests are assigned in an unpat- ented invention and wherein the commissioner is requested to issue the patent to such assignees, as Was duly done, can convey a good title to such patent as against prier assignees of a prior patent which was issued to the same inventer, to whom such inventer at the samc time assigned, interests in new inventions which he had made, of which the invention above referred to was one, the prior instrument of assignment having been exccuted and recorded first, aiid the invention, the nature of which was deflnitely referred to in such prior in- strument, having been made before any of such assignnients. �3. RbT. 8t. } 4898, CONSTBUBD— Kecoeds. �Section 4898 of the Bevised, Btatutes does not provide for the recording of assignments, grants, and con voyances of interests iii patents not yet issued. �4. Rev. Bt. { 4895, Construed— OoKsTKUCTrvrE Notice — Kecobds. �Section 4895 of the Revised Statutes makes no provision for the recording of an assignment of an unpatented invention on which the patent ia not to be issued to the assignee ; tlierefore its record is not constructiYe notice of its con- tents to one who subsequently deala with a party to it in respect to its subject- matter. . , �N. Davenport, for plaintiff. �Esek Cowen, for defendants. 5 �Blatchfobd, C. J. On the seventeenth of August, 1875, letters pat- ent No. 166,810 were issued to the defendant William Eandel for an "improvement in button-hole attachments for sewing machines. " Ean^- del, by an assignment made September 19, 1876, and recorded Sep- tember 22, 1876, assigned to Oscar Smith and Benjamin H. Downer each an undivided one-third interest in said patent — �" Together with an undivided one-third each of any irnprovements or new inventions that I have or may produce in button-hole attachments or button- hole machines, and agree to assign interests as stated above, and make appli- cation for letters patent for such irnprovements on machines ; * * * and it is a subject of agreement by myself and the sald assignees, this date, that we will neither of us sell, assign, or set over to otherpaities any por- ��� �