Page:Federal Reporter, 1st Series, Volume 6.djvu/912

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

900 FEDERAL REPORTER. �yoke, and thus drawing the yoke up, to which class the Von Hofe stopper is assigaed. These prior patents are adduced as showing a lever between a yoke and a stopper, and a lever between the bottle neek and a yoke, and as showing in each form the eccentrio action before referred to, and as showing a combination of stopper, lever, yoke, and neck wire still con- nected together and to the bottle after the bottle is unstop- pered, and capable always of moving relatively to eaeh other without disconneotion, and as showing a compound stopper composed of a rigid disk and an elastic disk. On what is found in these prior patents the defendant contends that the plaintiffs' are limited to a lever frame, the fulcrum of which is pivoted to the neck wire of the bottle, a yoke which is piv- oted to the lever frame at points between such fulcrum and the handle of the lever, and a compound stopper which is piv- oted to the yoke. The defendant also contends that there are three pivotai connections in Jeannotat, — the yoke to the neek of the bottle, the lever to the yoke, and the lever to the stopper ; and that there are three pivotai connections between certain parts in Chalus, Michaelis, Gronk, and Eobinson and Jenkins. In regard to Wiegand, Schlich, Weber, Thompson of 1867, Michaelis and Thompson of 1874, the defendant's expert testifies that he does not consider any one of them an anticipation of the invention described in the De Quillf eldt pat- ent, and more particularly of that claimed in the first claim of the re-issue. He does not express a contrary opinion in regard to Jeannotat, Cronk, Eobinson and Jenkins, or Chalus. In regard to Jeannotat, Cronk, Eobinson and Jenkins, and Chalus, the plaintifs' expert testifies that he does not find in any of them any of the devices secured by the plaintiffs' re- issue. In regard to Jeannotat the plaintiffs' expert testifies that there are in it but two pivotai connections, — the yoke to the neck band and the lever to the cap-piece of the yoke, — and no pivot between the stopper and the device for applying pressure, and no eccentric action, and no such compound stopper as De Quillfeldt has, and no action of the lever to draw the stopper out of the bottle. The defendant's expert states that in Jeannotat a part of the yoke is connected with ��� �