316 FEDERAL REPORTER. �are for combinations into which the plaintiff's bale-chamber enters as an element, the defendant answera that he does not use such a bale- chamber, and consequently does not infringe. What we have already said in comparing the two presses, generally, disposes of this answer, so far as we are concerned, We are unable to discover any material difference in the two bale-chambers ; and finding the several combi- nations and matters involved in these elaims, embraced in the defend- ants' machine, we must, and do, find them to be infringed. This leaves for consideration the seventh and eighth of 8,130, the third and eleventh of 7,983, the sixth of 8,292, and the first of 8,296. As, however, the seventh of 8,130 embraces the entire press, the question of infringement, respecting it, is already disposed of . — The eighth is very clearly infringed. The defendants' traverser is so like the plain- tiff's that they can hardly be distinguished ; in character and effect, they cannot be. The formai difference resorted to by the defendants is immaterial. The third and eleventh elaims of 7,983, the sixth of 8,292, and first of 8,296, are also infringed. The matters claimed distinctly appear in the defendants' press. �This disposes of a case (so far as we are concerned) that has in- volved an unusual expenditure of time and labor, and in which the interests of both parties have been presented with unusual ability. ���Atlantic Giant Powder Co. v. Dittmae Powder Manuf'g Co. and �others. �{Circuit Court, S. D. New Ywk. Septomber 27, 1881.) �1. INJTJNCTIOII — OONTBMPT OP COURT. �Disobedience to an injunction is none the less a contempl of court beoause the aot is done in good faith, as not prohibitud bj lliu order, or uuder advice to tliat eiieot. �2. Glukodinb. �Glukodine is a mechanical mixture, not a new chemical compound �Gifford e Gifford, for plaintiff. �Lexon e Huldane, for defendants. �Blatchford, C. J. This is a motion for an attachment against the defendants, the Dittmar Powder Manufaoturing Company and Cari Dittmar, for violating the preliminary injunction issued and served herein, by making and selling a blasting powder called "gluko- dine powder." I am of the opinion, from the testimony, that what the defendants call glukodine is a compouud made by a mechanical ��� �
Page:Federal Reporter, 1st Series, Volume 9.djvu/331
This page needs to be proofread.
![](http://upload.wikimedia.org/wikipedia/commons/thumb/0/01/Federal_Reporter%2C_1st_Series%2C_Volume_9.djvu/page331-1024px-Federal_Reporter%2C_1st_Series%2C_Volume_9.djvu.jpg)