MORSE v. UFFOBD. 37
there was no defect in the construction of the machine, but merely in
the strength of the glass. Now, that may be a question of law. .It comes
pretty near being a question of law,·whether a machine can be said to
anticipate another machine which is not operative, when its inoperar
tiveness is caused by reason of not employing sufliciently strong material.
We have the testimony of Mr. Parshall that he made three machines like
the exhibit in the Burlingame Chee, now produced, and no mention is
made of other devices which are alleged to have been made about the
same time. The testimony of Mr. Baugh indicates that his was not the
one that was used, but a device with arsmaller glass. That tends to
throw, in my mind, a good deal of doubt upon his whole testimony, and
I find it impossible to reconcile the testimony of Mr. Parshall and Mr.
Baugh. Was his a machine which Mr. Parshall made`? Mr. Baugh
says it was. Mr. Parshall said he had but one set of patterns. There
is a mystery here I do not understand, and in reply I can only say that
I do not think there is any equity here which calls upon us to dissolve
this injunction. Here isa machine for which Mr. Gates obtained a pat~
ent in 1873, and they have been making that machine year after year
for 14 or 15 years. I think when a party comes in at this late day and
sets up practically a new defense to this patent, that he ought to estab-
lish it beyond a reasonable doubt. I think that the equities of this case ‘
are entirely with the complainant. Of course, we cannot anticipatewhat
. developments may be made when these witnesses come to be examined
and cross-examined, but upon the whole my own conclusion is, although,
I confess, not without some doubt, that the injunction ought to be con-
tinued. V-
i Monss in Urronn et al.
(Uircuit Oourt, D. Massachusetts. February 23, 1888.)
PA·rmN·rs FOB INVENTIONS—INFRINGEMENT—DRESS Foims. » ‘
Letters patent No. 233.240, issued October 12, 1880, to John Hall, for im-
provements in_ dress forms, in which the skirt form consists of ribs suspended
from braces hinged at eaclr end to a movable block, supported by rests, and
sl1d1ng up and down an upright central standard, 1S infringed by a device for
the same purpose, having similar standard, ribs, and braces, in which a collar
fixed to the standard takes the place of the upper block, and a nut, working
on a thread in the standard, takes theplace of the lower` block, such collar
and nut being merely an equivalent for the sliding blocks supported by rests.
In Equity. On bill for injunction.
O. E Perkins, for complainant.
J. K. Beach, for defendants. · · ·
Com, J. The complainant is the owner of letters patent No. 233,240,
dated October 12, 1880, issued to John Hall, for improvements in dress
forms. The invention relates to improvements "by means of which