
    CARTER-CRUME CO. v. BLOOMINGDALE.
    (Circuit Court, S. D. New York.
    February 6, 1897.)
    Patents — Infringement—Anticipation.
    In Equity.
    Bill brought by Carter-Grume Company against Lyman G. Bloomingdale for infringement of reissue letters patent No. 10,859, issued July 24, 1883, for an improvement in manifold 'copying books. The defenses were: (1) Noninfringement; (2) invalidity of the reissue; (3) anticipation by prior use; and (4) lack of equity in tbe complaint. On motion for preliminary injunction. Granted.
    Charles H. Duell, for complainant.
    Kerr, Curtis & Page and Benjamin Barker, Jr., for defendant
   LACOMBE, Circuit Judge.

All tbe defenses urged here, save one, appear to have been presented before Judge Ooxe. Tbe new one is tbe “prior use” of a particular book now produced by C. C. Boyles. Tbe evidence touching tbe authenticity of this book, and to wliat extent its use anticipated tbe patent, is of a character which may best be passed upon on final hearing. Following Judge Coxe’s decision, tbe motion for preliminary injunction is granted; injunction not to take effect until 30 days from date, so as to give defendant, who is a user, opportunity to provide himself with noninfringing order books.  