
    P. Lorillard & Co. v. McAlpin and others.
    
      (Circuit Court, S. D. New York.
    
    February 28, 1882.)
    Patents for- Inventions—Reissue. -
    A claim in a reissue cannot be extended so as to embrace an invention not specified in the original.
    
      Gifford é Gifforcl, for plaintiffs.
    
      B. F. .Thurston and '3. A. Duncan, for defendants.
   Blatchford, C. J.

In view of the decision in James v. Campbell, 3 Morr. Trans. 439, there is so much doubt as to the validity of the reissue [“Improvement in Plug Tobacco,” granted, to Charles Siedler, October 24, 1876,] in this case, if construed, in regard to claims 1, 3, and 4, as covering labels not put under wrappers, that those claims must-be construed, for the purposes of this motion, as not extending to labels not under wrappers. That being so, the defendants do not infringe.

The motion is denied.  