62 F. 742 | U.S. Circuit Court for the District of Eastern New York | 1894
The question presented by this controversy is whether Frederic Ecaubort or Adolph W. Hofmann was the first to invent and perfect a method of ornamenting the peripheries of wajch-case centers by holding' the surface of an embossing die in contact with, the surface to be ornamented, imparting a reciprocating motion to one of said surfaces, and at the same time movinglaterally the point of contact of the die with the surface being ornamented. This question was argued, upon substantially the same facts, before Commissioner Mitchell, on an appeal from "the examiners in chief, in interference» proceedings, and a decision was reached in favor of Hofmann. That decision is reported in 52 O. G. 2107 (issue of September 20, 1890). It contains a statement of the salient points of the testimony, and is such a clear and full exposition of the facts and the law that additional statement is un necessary. I do not think this decision is res judicata, but it is certainly entitled to great weight. Wire Co. v. Stevenson, 11 Fed. 155; Shuter v. Davis, 16 Fed. 564; Swiff v. Jenks, 39 Fed. 641; Box Co. v. Rogers, 32 Fed. 695: Smith v. Halkyard, 16 Fed. 414; Butterworth v. Hoe, 112 U. S. 50, 5 Sup. Ct. 25; Morgan v. Daniels, 153 U. S. 120, 14 Sup. Ct. 772.
It follows that the complainants are entitled to the relief demanded in the bill.