WESTERN & WEl;LS'MANUE'a CO. tI. ROSENSTOCK.
WELLS MANUF'G CO. '11. ROSENSTOCK.
(Oircuit Oourt, S. D. New York. February 22,1887.)
PA'l'ENTS FOR lNvENTIONS-I:NlI'BINGEllENT-BPECIFIOATIONS. '
Although the bustle manufactured and sold by defendant was made, for an practical purposes, in imitations of the bustle patented by complainant. except that it was of rattan instead of llJwe, yet, as complainant in his specifications limited himself to a bustle made of wire, he authorized the public to make and use bustles of anf other material, and cannot complain of such use as an infringement of his rIghts.
Wayne MacVeagh and Richards k Brown, for complainant. LivingBttm Gifford, for defendant.
SRAV:&R tI. SJrINNER MANUF'G CO.
((JiJrcuit (Jourt, lV,
n. IO'tCa, d. n.
January Term, 1887.)
The facts that a patent for.adevice. consisting of. a combination of appli. ances previously used separately,.was granted after the device had been sub· jectedto rigid scrutiny and comparison with previous patents by the patent· office examiners, and that the combination, although useful, did not appear to have beEln usedOJ' proposed bElfore,. h.etd sufficient to sustain the patent, as against a defense of want of novelty. .
SAME-CO-OPERATION OF ELEMENTS.
A patent upon a device for an improvement in wagon gear, designed to render the wagon gear elastic, ami to relieve the strain upon the side springs, reach, and head-block, is infringed by using a device substantially the same, although the latter is utilized also to aid the wagon to track. It being expressly stated in the specifications attached to a patent that the claimant makes no claim to a certain combination patented by another, held, that the patent conferred no right to the .use of such combination.
DEVICE FOR ADDITIONAL
In Equity. .Bill to restrain infringement ofpatent, and for an accounting. . Oummins & Wright, for complainant. E. B. Boplrl', Graham & Oady, G. W. Dyer, and R. S. fleB, for defendants.
SHIRAS, J, In the bill filed in this cause, complainant avers that on the of August, 1881, letters patent were duly issued to him for an improvement in wagon gear, the object of which is stated to be to provide a device whereby the usual strain upon the side springs, reach, and head-block is avoided,and the wagon gear is rendered mote elastic; the claim being stated in the following terms: "In a gear, the combination, with the wagon-box, A, transverse spring, K, and side springs, M, of the rocking rod or equalizer, N, provided with a forked end, n, and bolts, h, substantially as berein shown and described, whereby the wagon gear is made more elastic, as set forth."
The bill also avers that the defendant company is engaged in the manufacture and sale of wagons, in the construction of which complainant's patented combination is used, whereby his rights as patentee are in-