GUSTIN v. NEW ALBANY RAIL-MILL CO. et al.

GUSTIN v. NEW ALBANY RAIL-MILL CO. et al. (Circuit Court of Appeals, Seventh Circuit. October 27, 1892.) 1 Patents for Inventions — Device for Carrying Railroad Rails — Anticipation. The first and second claims of reissued letters patent No. 7,898, (original No. 190,211, dated May 1, 1887,) “for improvement in apparatus for carrying railroad rails, ” whereby the upper surface of the carrier is arranged at or below the level of the bed, and provided with projecting catches in combination with the bed, the driving chains, and the guide rails, are anticipated by the patent to White and Wostenholm, March 19, 1873, No. 124,687. 47 Fed. Rep. 508, affirmed. 2. Same. The third claim of said letters patent, in reference to “the combination with an endless chain, B, subject to expansion by hot rails of a pulley, h, arranged in a side bearing, d, held by a movable weight, ” is void, in view of the prior art, and anticipated by the patent to S. E. Jewett, June 9, 1874, No. 151,705, showing a movable pulley controlled by a weight at the end of a chain. 47 Fed. Rep. 508, affirmed. Appeal from tlie Circuit Court of the United States for tlie District of Indiana. In Equity. Suit by Andrew J. Gustin against tbe Eew Albany Bail-Mill Company and others for infringement of patent. Bill dismissed. Complainant appeals. Affirmed. J. H. Raymond, for appellant. A. Lynch Mason, for appellees. Before GRESHAM and JERKIES, Circuit Judges, and BURR, 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 47 Fed. Rep. 508.