
    ELECTRIC STORAGE BATTERY CO. v. BUFFALO ELECTRIC CARRIAGE CO.
    (Circuit Court of Appeals, Second Circuit.
    January 8, 1903.)
    No. 111.
    1. Patents — Infringement—Secondary Batteries.
    The Brush patent, No. 337,299, being the inventor’s generic patent for a secondary battery, held valid, and infringed, on appeal from an order granting a preliminary injunction.
    Appeal from the Circuit Court of the United States for the Western District of New York.
    This cause comes here upon appeal from an order of the Circuit Court, Western District of New York, granting an injunction pendente lite against infringement of United States letters patent No. 337,299, granted to Charles F. Brush, March 2, 1886, upon an application filed June 13, 1881 for “secondary battery.”
    Before EACOMBE, TOWNSEND, and COXE, Circuit Judges.
   PER CURIAM.

The points raised upon this appeal have been heretofore decided adversely to the appellant by this court in Accumulator Co. v. Brush Co., 2 C. C. A. 682, 52 Fed. 130, and Thomson-Houston Co. v. Elmira & Horseheads Co., 18 C. C. A. 145, 71 Fed. 406. It is true that when this generic patent was before this court the earlier specific patents had not expired, but the legal propositions involved are not changed by such expiration.

The order is affirmed, with costs, on the opinion of Judge Hazel ([C. C.] 117 Fed. 314), which clearly and succinctly states those propositions, and indicates the bearing thereon of- the cases above cited.  