
    EXCELSIOR DRUM WORKS et al. v. BORTLE et al.
    (Circuit Court of Appeals, Second Circuit.
    December 9, 1912.)
    No. 59.
    Appeal from the District Court of the United States for the Northern District of New York. This cause comes here upon appeal from a decree dismissing the bill of complaint. The suit is the usual one in equity for alleged infringement of letters patent No. 770,024, granted September 13th, 1904, to Ruggiero and Bongiorno for a horn for phonographs or similar machines, and of letters patent No. 784,385, granted March 7, 1905, for a trumpet for talking machines. The District Court held the several claims sued upon to be invalid for lack of invention, or, if valid, not infringed. The opinion of that court will be found in 190 Fed. 10.
    C. V. Edwards, of New York City, and John P. Oroasdale, of Philadelphia, Pa., for appellants. H. P. Denison, of Syracuse, N. Y., for appellees.
    Before LACOMBE, COXE, and WARD, Circuit Judges.
   PER CURIAM.

We concur In Judge Ray’s reasoning and conclusions, and do not think it necessary to add anything to his discussion of the questions involved. The decree is affirmed, with costs.  