(Circu1t Co'Urt,N. !1.1owa.lt;. D. January 7,11199.)
1. PATBNTS FOR lfl'lill: ()IL. " .. ,FOB StrPPLl'I:jiG,BTRBBT-LAMPS '
,-.the ,lampe with removable reservoirs of a nmnbergn>.ater tllan the lamps,and pro-
irst claim of letters patent No. 222 j 856; issued December 28,1879, ,to Henry 8. Belden, for a metbod of supplying '&treet-lamps with oil, contl:isting in providing
,rJJiing,. 'COnveyance, for transporting filled' res'ervoirs, and substituting' them for the emptied ones, is not infringed by a device for transportinglfilied reservoirs and SUbS,tituting ,t,hem,for tbe empt,ied, ones, w, I)ich Q06snotu88 case or rack for , :w,nyeylo.g "lUI re!!ervoirsdellQriQed:ln the J:lelden pawnt. .'.
': feed.pipe, the patent being limited to the entire cOmbination, ilone 01 its
being new. .1 Fed. Rep. 48, affirmed·
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The second claim of letters patent No. 986,2U.issued October 9, 1888; to Alfred L. Mack, for an oil reservoir having its bottom set in to form a fiange to fit over alld ,upon a adapted, for permanentc,onpectioq ,to,the pipe of a ,amp, proV'idlld wltha $orewl.oilp, anll 'all' and· feed : " ",; ':, "
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review.· ' ' ' ," " ',. ' '(Jliar/iJJ R. MUler ahd ,Lake &:' Ha't'lrl1Yil;, for " 1I6'iidl!riKffl" Hurd. Daniel8 &:'Kiesel, for defendants.
: ,The dbtammg,a. revIew of the concluSions.xe,ached on, the. orIgmal hearmg of this'caus,e,and. ,iihich are sliBwn in ,the in 41 Fed. Rep. As 'stated in that opiriion, the company is the owner'Qf the letters'patent 222,856, issued to Henry S. Belden, and No., 286,21 t, issued'to Alfred L. Mack,' company is charged ?lith the claim, of the Belden pat:nt, and thud danna of. the Mack Upon the bill of reVIew and' the' 89companyirlg evidence counsel'for complaihimthave very fully and ,.It'blyreargued the" questions considered. at tneo;l'iginal ,hearing, th,at as to. patents th:? heretofore gave JOo a , '. . . , So far as the Belden 'patent is con'cenled, all that is'showri in the evidence is that the defendant company uses detachable reservoirs, in number greater than the lamps in use, and conveys the same back and forth in a wooden box, with compartments so arranged as to keep the reservoirs in an upright position. Unless the Belden patent is to be construed to be broad enough to cover all means of utilizing the idea of having more reservoirs than lamps, so that a filled may be substituted for an empty reservoir, I do not see how it is possible to sustain the charge of infringement of the first claim of the Belden patent. The box used by defendant for the transportation of the reservoirs is not a copy or imitation of the rack described in the Belden patent, and in fact the argument of complainant in this particular really shows that the claim made is for the use of more than one reservoir for each lamp.
00.. v. WEsTERN
If complainant is entitled ,to 'protection under this first claim of the Belden patent, it would ..be'entitled to demand it if it appeared that
to and .fro in the hands or pockets of its employes. ThespeCifiMtions in the BeldeRpatent clearly show that before that date detachable reservoirs were in use inconnec: tion with street-lamps, and which were taken from the lamp-post to a store-house to be filled and returned. It may have been a valuable improvement in the method, but it was not invention, to utilize the already known plan of having more than one reservoir, so that, when thp. empty one was removed, it could be replaced with another, filled and ready for use. The finding in the original opinion that it does not appear that the defendant infringes the Belden patent must therefore be I reaffirmed. Upon the question of infringement of the Second claim of the Mack patent, it is now pressed in argument that the valuapJe feature therein sO arranged that air can pass through it into is the use of the upper part of the reservoir, when the same is in place, and bubbling caused when the air passes throup;h the oil is prevented, and a steady flow of oil from reservoir to the tank results, thus securing a steady flame. It is evident that the second claim in the Mack patent was intended to to secure a reservoir of the form and with the attachments therein described, that is to say, a reservoir having its bottom set in to form a flange or' ritn,having an opening provided with a,screwcap, and air and feed pipes connected therewith. The claim covers this combination, and the drawings Rnd specifications show that it embra,cell a reservoir with the set-in bottom, having therein an opening covered with through whioh passes an and I do not think this claim can be enlarged to cover any and all xpeans by whichllir Dlay beadmit.led to the tqp of theresrrvoir, without; passing a havingj;he through tile oil, but that it must be combination therein to-wit, nn opening in the.botlom, throl;lgp which the reservoir is filled, and which opening is then closed with,,,, screw-cap ha,·ing attached thereto an air-pipe and a the claims of the patent we find it provided that the air and feed pipes are to be connected to ,the screw-cap, the purpose being that they,may be covered or closed with Ii valve or stopper, so that evaporation will be well of dirt into the reservoir. I dQ,not think It is 'showntbat Ma(}k was the QriginaJ inventor of any more .of Jpe elements forming the reservoir and its attach ll1 ents scrihed ilntlle patent and !herefore claim. of the pa*,to be 'for of known elements, llnd ID'uat be limited to the form. therein described, one of the main featuTelf of screw-cap thereto an ,air-pipe and pj,pe. , lamps 9J '.. defendan,t company" the SQQ"'P in npt ulled, nor is ,ire it therefore peld, that ,If of. powplai[};8nt.i:n. thi!l, well foundell, then it would follow that the use, in any way or form.
of al?ipe t(), convey the air intp ,the reservoir: above tll.e infringe. the second claim: of the '.Mack patent, !lnd I· do ;not think such a construction of the cl!lim is allowable. The decree originally entered dismissing complaiollDt's bill wijl. therefore be affirmed, and it is' so ordered.
PnA'l"l' t7. THE
CoOMBS et. al. v. SAME.
(C«rmdt (tOO" oj Avpea't8. Second 01.rcuu. . Ocf,Qber ..81;'1891.) '1:
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obtmntl iCotrltT OJ'
Al'PEALS-ADHIlU.LTY APPEALs. Feb. 16, 1871!."to facUitatethe of Cases in the supreme "provIdes tbatafter the the circuit courts in deciding ad· shalf make separate findings of fact and of law, and that, on appeal ' .. /:.Cl:tbE\18qpreme court, the review shall he Ihnited to questions 'of law apparent on 'record or by a bill of excel1Wons. Bela, that although the act estabUslHng the circuit court' of appeals' (A:6t Congo March 3, 1891) declares that" all law now in forceregulatiDg·tbe methods and system of appeals and writs of error" shan regulate appeals and writs of error to thl!ot court, yet the act , Of :t815 dMs' not apply td appeals in admiralty from the existing circuit courts to that .llQ\lrt;'lIJId the same may be heard 'without separate findings of fact and of billa Of exoeptions, as i/lappeals from the district to tIle cirouit
, :from tbecircttit court of the United Statesfor the sQuthern distrietof, New York. . . of the schooner Helen AuLibel by Edwin N. Pratt, as the brig I;Ilt\ri)ah, .her tackle, Decree belo'\f to! LllleolntJoombs and othets,clalmants, appeal. Heard on motion. to dlllappeal. Motion overruled. ., ;,1M1trp Arden, for the mqtioll. ,. ,'RdOet't D·.Benedict,' opposed. , BElforeWALLAcE and LACOMBE, Circuit Judges.
.'PElt 'CURIAM. . Thisie an. appeal from a decree of the circuit. court affirmiillfadecree oftne district court 'for the southern district of New Yotkiii'litiadmiralty c,ause. 33 Fed.nep. 875. The:cause was heard bythtd:ircuit court subsequent to July 1, 1891. Amotion has been mlide tddismiss the appeal. The motionp.roceeds u,P0nthe ground that no' findill,gB of fact weremttde by the circuit court upon the d,ecision of no exceptions appear in the record; aIidthat thifi court, iti'rtWiMring appeals islimited tOR determination of the questU)]:is'oflaw arising' upon the record, lind to such rulings ofthe court below, excepted to at the time, as are presented by a bill of exceptions. Prior:to tbe act of February 16, 1875, "to facilitate' the ,dispoAition of
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