sha.n, ,andclirries' th'e''(lli,n' around in cop.tact,f!.t end Of the tool. . :;,;',." ,There is no Buggestion, in. the speCification of the USe of the soldering tool, G, as an independent movahlehand tool, to be used from the machil1e,ahd llpart frorn a revolving can. Mo,reove" thel'ring or cnpshaped solderingtpol, G," as defined by the terms of the tion and claims"is ,co,lloned to the part lettered G, and does not include the heater, F, or rod, H, or any of the other parts. in the fourth claim. The first claim, therefore, in claiming "the ring or cup shalled soldering tool, G, for soldering the caps as herein shown, and described," claims only the cup-shaped or concave part, which is at the lower end of the heater; F, and wholly below the platform, C, and claims it only as a tool in the machineo! the special form defined, and fixel!' reference to a revolving can. . The defendant has no machine. His entire llPparatus is a hand the part of which to"the metallic heater, F, is of woor,l, and the appliratusis moved and rotated by the hand to do the soldering. Although the part of the appnrat\:is'which corresponds to thepart,G, of Bishop, is concave,and its edge ,has a ring shape, yet hllnd soldering with the part corresponding, to 0, "ring or eupehaped," existed..in the prior English patents to Carson and Forbes. and Hebert. Hence'.tb,e part, G, claimed in the nl'st claim, must be limited to that part auanged to, work in the machine ili:the manner described' in the ,specification, and the is not The billiadillinissed, with
(CircuitCouTt, S.D. New York-'January 9,1890.)'
Letters patent No. 170,443, issued SO, 1875, to Willlainlmbauser, for . . watchman's time detector; is valid,When limited to the combination with a watch. , man's time detector containing dial, andaPPapltus for pricking ". .the same, of, for detecting and 'recording any illicit opening of the case.
A'.\'CHMAN'S TIME DETECTOB.
Said patent ls.infringed by a device whioh records the fl¥}ll of opening in the same way by the prick of a needle on the dial, and.in whicll the ,ne«lle is operated and moved in the same way as in tl1tl patented machine. . .. '
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state oHne art does not warrant any broad construction .of the eomplains-nt'spatent. It must ,be limited to the de-
PIPE OOVERING 00.
tails of the mechanism described. Though th\1s limJ:ted, however, infringement of jt is none the less plain. Both articles (compla:inant's and defendant's) are watchman's time detectors of the same shape and size, contahiihg olock-work, paper dial,apparatusfor pricking and, combined therewith, mechanism for detecting- and recording any illicit opening. oithe case in which the whole apparatus is contained. In both ;articles the fact of opening is recorded by the prick oia needle on the paper dial. In both the needle is mounted at the free end of a spring, lying parallel with the dial, at a short distance from it; the needle being perpendicular to the paper dial on which it is to make its record. In both articles' there is arranged in the hinged· cover a projection with notched oream head. When the C()"'er is opened or closed, t4is notcll or cam, by movement across the free end of the spring, causes the needle to move triwards, the paper far enough to punch a hole inU. After the cam or,noteh 488 passed beyond the free end of the spring, the latter, the needle, resumes its normal position. The similarity . these tw6 structures approaches cl08elyto Sibsolute identity. time When limited to the tombination with the particular mecbanismabQve described, the evidence doe", npt 4isclose a,r'any anticipation, of cOID;plainant's-' apparatus. T40usands, of ticles have, been 'sold; ;both sides insi8ttho.t the,pllblic acceptS .them; and there seerns:tobequite as·much .in devising, was .held suffieientto;sustain the pateBts in. Palmer v 34 ;Fed. 337; Baldwin Y. ClmwayOo." 35 Fed. ,Rep. 519; Gas-Light :00., 39 Fed.fRep. 27'3. The evidenge of priorpq4lic \lse.by Abrahani ,Newman ofwatohman's clocks withi!!afetylocks, anticipating complainant's invention, ,is unsatisfactory anqunconvincing. " Decree for complainant. '
, . ;"
18, 1800.). _
·,,1 Thefu'st cIMni'of lettle1'8 pateht No. 276,044; i¥l1ed tQ,Petel::Bolt;f9rOajlS for
PATENTS FOR INVENTIONS-INVENTION-CASING FOR STEAK-PIPE.
i·"erhig any Cap for the end of a pipe cQsing;it !adInitte.d'thatthe lon. gitlidihal diVision'of aectidtla'l' casings' for pipes was old.' ." , ,The device, cOnslsting,ot a cap made parts, each consisting of· a lIemiadapted to fit over the,pipe-clothing, 'adaPted' to l1t over the ,piI>(l, and a bevel4i\11 (semi-annulaI'> connecting pifl<le, is antiCipated-DO novelty' being e.laimed for'· the pate.n.t to '·'Barl:is, '11;SOO,Novembel' 26, 1867, whiCh shows a protective jacket, with one drical pipe, the non-conducting ;material'811d a conical copnellting portlop,and .of to Riker 159,452, 'February 2, 1875,showlhS' alpet81liceapfor embracIng pipe-coverings. .'
< ; '.!>:';
';In .. terreiltnuiitheirifdngement"Of'patenfNo. 216';044. . ,'""", " ; ' ,