LEIB v. ELECTRIC MERCHANDISE CO. et al.
(Circuit Court of Appeals, Seventh Circuit.
February 11, 1893.)
No. 56.
Patents eoe Inventions—Novelty—Electric Rail—Connector.
Letters patent No. 434,087, issued August 12, 1890, to Charles Leib, for an electric rail connector consisting of a short metallic wire with each end passing through a bolt or rivet, which is firmly inserted into a hole drilled into the rail, are void for want of novelty over the Gassett & Fisher patent of May, 1880, in which the connecting wire is coiled round the heads of the rivets, instead of passing through them, as well as the Wcstingliouse patent of July 31, 1883, and Hie Winter patent of April 14, 1885, in which the ends of the wires are directly inserted in holes in the rails. 48 Fed. Rep. 722, affirmed.
Appeal from the Circuit Court of the United States for the Northern District of Illinois.
Suit by Charles Leib against the Electric Merchandise Company and others for alleged infringement of a patent. The bill was dismissed at the hearing. Complamant appeals.
Affirmed.
Banning, Banning & Payson, for appellant.
P. W. Parker, for appellees.
Before GRESHAM and WOODS, Circuit Judges, and BUNN, District Judge.
[MAJORITY — PER CURIAM.]
PER CURIAM.
The decree appealed from is affirmed upon the grounds stated in the opinion of the court below, reported in 48 Fed. Rep. 722.