Lorraine

(after stating the facts as above). Plaintiffs’ original patent was issued April 5, 1921, and was numbered 1,373,664. The plaintiff Lorraine, to whom it was issued, was dissatisfied with its form and applied for a reissue, under the provisions of section 4916 of the Revised Statutes (section 8965 of Barnes’ Federal Code, 16 Stat. 205 [Comp. St. § 9461]). The reissued patent contained claims 17, 18, and 19, which defendants are charged with infringing. Defendants contend that these claims do not cover the same invention as tho original Lorraine patent. If this contention is well taken, it is decisive of the controversy.

The statute providing for the reissue of patents, above referred to, is as follows:

“Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention, tho Commissioner shall, on the surrender of such patent and the payment of tho duty required by law, cause a new patent for the same invention, and in…