40 FEDERAL REPORTER. °
Hows and others v. Nnsnas and others.
(Circuit Court, M D. Illinois. October 1, 1883.)
1. , PATENT LAW—INFHINGEMENT.
Where a combination is claimed by a patentee, it is a familiar principle that
all the parts of the combination must be used by the defendant in order to con-
stitute an infringement.
2. SAME.
Following the above-stated principle, it was held that the reissue of letters
patent N0, 9,942, dated November 22, 1881, for a new device for packing stick-
candy in packages, was not infringed by the defendants, since they did not use
part of the combination of the patentee, which figures in all of his claims as
an essential element of the patent.
In Equity. . -
. John G. Elliott, for complainants.
West et Bond, for defendants.
Daummoun, J. The bill in this case alleges a violation by the de-
fendant of the reissued patent of Warren B. Howe, dated November
22, 1881, No. 9,942., The original patent was dated August 3, 1880,
No. 230,778. It is claimed by the defense that the reissued patent
is invalid, because the reissue is not for the same supposed invention
as the _original, and because it does not distinguish the old from the
new ; and as it is also claimed that the subject-matter, as well of the
original as of the reissue, is not patentable, it is well to understand
the nature of the original and of the reissue. `
· The patentee claims that he has invented a new device for packing
stick-candy in bundles or packages in a convenient form for placing
` them in tubs, barrels, or boxes, for shipment from the factory to the
trade. A description of the invention may be stated in this form:
If we take a rectangular block of the proper length and width, as com-
pared with the sticks of candy to be packed, and cut out of this block
an angular or V—shaped recess in the form of a wedge, of the proper
size to makethe package, and then place in this recess a paper of
sufficient stiffness to retain its shape when the package is made up,
and place the sticks of candy with the ends evened in the recess over
, the paper, so as to {ill it, and then fold the paper around the candy
to form a. neat and compact package in outline, we shall have a
reasonably correct idea of the result claimed bythe patentee. The
package thus made becomes, like the recess, wedge-shaped, and if
we suppose it to occupy its original position in the recess, it becomes,
the patentee says, "an inverted pyramid," having inclined sides and
vertical “€I1dS,” This last cannot be considered a statement strictly
accurate. He describes the manner in which the wrapper should be
folded around the candy, and the package removed from the recess in
order to complete the folding, although, from the language already
cited fiom the original, it would seem that there may be a doubt
whether the manner in which the wrapper is folded constitutes an