Page:Federal Reporter, 1st Series, Volume 8.djvu/724

YIO FEDBBAIi EKPOBTBB. �ties to make the license local and personal. The stipulation at the end of the agreement looks to a further license from Lilienthal in case the Moseses should sell out or move. But be that as it may, the Swan patent set forth in the bill is not referred to in the document. The decree is that Lilienthal is the owner of the Lambert process ; that Washburn bas infringed upon his rights, and must account for the profits which have accrued to him thereby; and that an injunction issue restraining the further use of the patent in controversy. ���MoKloskey V. Du Bois and others. �iCircuit Court, S. D, New York. April 28, 1881.) �1. Lbttbbs Patent— PiillMBEBB' Traps — Novelty. �-■Where old and new plumbers' traps differ only in the partioular that the former are cast and the latter are drawn through a die, a patent issued on such new traps is void for want of novelty. �2. EVIDENCB— JUDICIAL KifOWtEDGE. �The court will not take judicial notice of any substantial difference between lead, or other soft metal suitable for the purpose of making such traps, whea cast and when drawn. �In Equity. �James A. Whitney, for plaintiff. �Peter Van Antwerp and Rodney Mason, for defendants. �Wheeleb, D. J. This case rests upon letters patent No. 220,767, issued to the orator and purporting to be for an improvement in soft- metal traps. Several questions arise upon the defences made, and among them one upon the patent itself , as to whether it covers any pat- entable invention, or any invention at all. �The specification states : �"The object of this invention is to provide what are commonlv termed ' plumbers' traps' (which are ordinarily made of lead) of a quality superior to those made before the date of my invention, and at much less expense. The said invention comprises, as a new article of manufacture, a die-drawn seam- less soft-metal trap, the same being the trap resulting from the practice of the means and methods herein specified as embraced in my invention — the practice of the process of causing soft metal to issue with variable velocities, or in variable quantifies, at opposite sides of an annulai die." �Then, what the figures accompanying are, one being a sectional and another a side view of the traps, and the rest views of apparatus to make them; and then that — ��� �