Page:Federal Reporter, 1st Series, Volume 9.djvu/406

SELDEN V. STOOKWELL SELP-LIGHtlNG GAS-BUBNEB CO. 391 �". Same— Samb. �If the assignment which divestpfl the invpntArof his intprost in a patent was made before July 8, 1870, the case falls withm the exception to sectiou 4895 of the Kevised Btatutea. �4. Rbissdes. �A patent is not void because it is a reissue of a reisaue. �5. Ba»CE— COMMISSIONER. �The commissioner's decision upon an application which sets f orth vhat the sur- rendered patent was inoperative by reason of a detective speciucatiou is cou» clusive. �6. Sdrrbnders — Reissubs for Skparatb Parts. , �Where the original specification described a circular case for a pocket-light- ing device, and an extended tube case for lighting at a height, Md that, upon the surrender of the original patent, reissues for each form of apparalus, as dis- tinct and separate parts of the thing patented, are valid. �Edwin H. Browh, for plaintififs. �George Hill, for defendant. �Blatchford, C. J. This suit is brought on two patents. The first one is reissue No. 8,490, granted November 12, 1878, to George Selden, one of the plaintiffs, for an "improvement in pocket lighting devices." The original patent, No. 50,860, was granted November 7, 1865, to Philos B. Tyler, William M. Chandler, and L. F. Standish, and was surrenderedand feissucd Ootober 23, 1877, to said Selden, in two divisions — No. 7,927, division A, and No. 7,928, division B. No. 8,490 was granted on the surrender of No. 7,927. The specifica- tion of No. 8,490 is signed by said Selden, and not by Tyler, Chand- ler, and Standish, and was sworn to by Selden, and by no one else. It is as follows : �"Be it known, that Philos B. Tyler, William M. Chandler, and L. P. Standish did invent certain new and useful improvements in pocket lighting devices, of which the folio wing is a full, clear, and exact description; refer- ence being had to the accompanying drawings making part of this specifica- tion, in which figure 1 is a side elevation of the lighter, figure 2 represents the same in sections, figure 3 is a rear view of a portion of one of the repeat- ing matclies employed, and figure 4 represents a longitudinal section through the same. Similar letters of reference denote corresponding parts wherever used. The invention relates to a novel lighter for carrying in the pocket, consisting of a case or shell adapted to enclose and protect a continuons or rejjeating match, and provided with appliances permanently attached to it for feeding and igniting the match, as hereinafter explained. In the accompany- ing drawings, a a> represents a case or shell made in the form of a shallow box, one side or plate, a, thereof being provided onits edge with a flange or rim, a«, forming a chamber or magazine for containing the repeating match or tape, which, when in place, is covered by a hinged or removable cover, a>, The plate or side, a, lias a pin or arbor, &, secured to it, arranged about central to the magazine or chamber, and projecting through a perforation in ��� �