P:'?Fli'i8f" th,e' cIa,im, ,£',o,r false apd frauduat the time weM ,knQw,If w,tAA gefendant"" gefendapts ;Jowa, onlJwy8,1890, in su,pport of sio.trClaim of ·and Jh,e money upon said pensionby the the money the defendantscqnspired to"defra:rid United States. Or,l\wtiQg the, indictment in defendants .(1) the' United 'States out of money through a fraudulent ,by ID!l<4'lJO th,e ;cot;llmissipIler of fl),r, ll,nd (3) knowingly tQ,shid false affidavit in" support of and concerning said pension clnim. ' _ Under the statutes and l1uthorities with reference to the clearness and an, indictment must charge the qfl'epse', (section'1025, Rev,. St.; U. ,v. U. S'., 76, :Q:,Sup.ct. Rep. 35; U.S.. v. Britwn, 107 U.:,I3. 655',,2,£u1>. Ctl Rep." 512,) :we find this indictme,nt SUfficient., ,!f,atly complaint could be justly urged, such complaint rather be that the':indiettneIl't 18 sb unnecessarily diffuse ahd mi": ,asthlit itsclearness: of statement is thereby impaired. As' the indicitwent a stat*tory offenije;and as it also' apprises' defendantsof the,ldentical crime with which they are charged, so that thfly.,may prepare to meet the · .8. v. Ferol' is Fed. Rep. overruled; and it is: so ordered.
i: j ! '
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&; BIERcE ,. MAN'tm'G ,Co. t>. BROWiq· et
.'-' ." .,., . " . . -' -. 'I'
8. iJ. OhW,
,J'<?R WJ. .. i" '" Le'tters'J.)atent No. '274048, lssuedMa'r'Cn 18, 1888; to' EdWin It. Stilwell; ooyers a ',' ri 'Uvs-ateam heater or feel.:WaterpurUler. Mie boiler ", ,apei ):ll!oVlng,a I?l1on,8 verti9!1:lly arranged Jl,lter, and a or .' llhaln tler 'above the paba, alid water' inlet; connected Ito tlle' steam-dome by a pipe, "(', ,10, :astodisC,b,a, 'from, t,he topO"f the lpur,;"flel' directly ,into, ,', " . Be,ld, the pipe .both a tlo;vel and. useful fellturll, sJ1.1'lh 8;n , 'over letters patent No. 00;008';' issued JUly 28,186'7, to the Bllme IllVlltiWt'i as ',: all other, prior inventlonSj!QS to suStain tbe of.tije :" t.iB,4MB-IN1RlNGEl\JEl((\'(\I.,/ , ,',''';''<: ",.,,;.,,', ,.-' ,,' ." J"'" ", ," 'J;'hll patept is inf,r,iJ;li.eq1:lY a use!i ',' to the top bf the hea'tier; that' at the other end itiseonuected With , · the th!lfeed.pump. insteadotivith the,lioiniloftlle bolle!'. ' I, '
:,,\lil Equity., Suit b)""theStilweU ,&, Bierce Manuf®turing C()D1pany for infringement ofa.patent. DecreeJor inim 8,<:cQunting; ,:
,.' This .suit 5s brought to Marc::h38, 1&$3,10 R. StilwelJ" and purifie,r, by him to company. 'fpe patent is eaUed purifier." The object of the invention is toheat and purify the feed-waterrina vessel s,eparate from the boiler" and to it pipes that live stellm will en.the purifier ffom the.; poiler .an,d hl'lat the feed-water, removing its irDpuriHcs, and passing.jtipto the boilers in a pure state. The..patent claims, as tollows; . ,
.." (I),'. ij va-steam feed.willoterpurifying or beating apparatus. D.oounected t? the. Qollel: by means. of awater-pipe.K, steam-feed pipes. ,L, an,d gas-es, caf-e pipe, M, sUbstantialty as hereiJ} set forth.. .' .. '(2) A live-steam heater or purifier, having a series of pails! vertically arranged above the filter, and a space or above the pans, and water inlet. connected to the steam-dome by a pipe, so as to discharge the gases from the top of the purifier directly into theboiler.substantialIy as herein set fOl'th."
DISTInCT JUDGE. the infriqgement ·of letters patent
The bill also charges the infringement of letters No. 434,324, granted Augl1st 12, 1890, to Ralph B. Day, for live-steam purifier, and assigned by him to the complainant; but this charge has and the bill as to this patent dismissed. ·'. The patentee of No. 274,048 sets forth in the specification that the principal1eature of his inyention(which consists in connecting by a pipe the top of the heater with the steam-dome of the boiler and with the steam-space of the boiler) can be employed with a combined heater and purifier, or with either a heater or purifier. This connection is by means of what is termed in the claim" gas-escape pipe, M," passing from near the top of the purifier into the steam-dome of the boiler. ThEil object oHbis pipe is to aHow the direct escape of the gases generated in the heater. The shell oithe heater, which is circular, is constructed of boiler-iron, adapted to resist the same pressure as the boiler. It is vertically at the side of thfl boiler, and contains,' in Us upper part, a series Ofshelvee or pans, over ",hichthe cold water, admitted at the top through a pipe, passes, iIi the operation of heating and purification. 'The water is first ndmitted into an overflow pan. This pan 'is placed opposite the upper steam-pipe, L',which is supplied by liv'e. steam direct from the boiler, so that 'atiurrent of steam will strike against the water as it pa8ses from the overflow pan on to the series of shelves or pans immediately below. At or near the bottom of the series Mshelves or pans, a branch steam-pipe, L, from the boiler, admits steam, ,which passes up over the pans as the water passes down. By employing. from two to foui' inches iIi diameter, the water in the purifier is kept at or near the same temperature as that in the boiler, and the space above the overflow pan forms, in fact; a part of the steam-dome of the boiler. As' n 'Consequence, the inventor' lltates,deleterious gases, escaping from the 'water as it is being freed'from impilrities, riSe into that apaea-; and
pass through the gas-escape pipe into the steam-dome of the boiler without passing through the boiler itself. The inventor sets forth that another very imporiailt is that by thus highly heating the water the purifier' a rnu6h more perfect purification is obtained than ' i:n PUriT ill fact form 8. partQf the boiler, 'by employing steam connectioJlsto heat and'purify the feed-water." In the plainant's purifier, the'water, having been heated in passing over a series of shelves or pans, where the mineral impurities are mostly removed, is passed down through a passage on one side of the filter chamber into a mud:"well. This chamber and the DlUd-wel1; with a filtering chamber, constitute the lower portion of the purifier, where the heavier substance settles,' and blown off from time totime, through a pipe at the bottom! althe purifier. The watar 'from the mud-well into the filtering chamber, th,ence up through any suitable filtering medium, through pipe, K, into the mud-drum located immediately below the boiler; or pipe, K, may connect with the boiler direct. The defendants' purifier was manufactured by the Hoppes Manufacturing Company of Springfield, Ohio, which manufactures and sells the Hoppes.feed-water heater and purifiers under letters patent 318,112, granted May 19,1885, to John J. Hoppes, of Springfield,Ohio. The defendants' pqrifier, as m!!>de and out by the manpfacturers, was provided with but one flange for steam, connection, and the usual ings for the pipe connections., The defendants' purifier was first connected up by a single pipe to the boiler-drum. Afterwards two pipes were put in near one end of the purifier, and, these not accomplishing the desired result, as there was no deposit the rear end of the purifier, the defendants xnade a second pipe connection from the rear ,end of the purifier to the and in this instance the steam-pipe run the feedpump. The is.placedl()ngitudinally, instead of vertically. It is a metallic cylin4er, constructed of at each end with snitable co:vers or, w,hich are Extending longitudinally through tqecylind!ilr isa series of, troughs, arranged ODe e.bove another, and by suitable end-pieces, which extend above the side of the trough, each. being provided at either side with It projection adapteP- to ,rest pn supporting rods or ways, which exlongitudinallyalopg each side of the of the cylinder. and are secured to brackets, which are in turn secured to the cylinder. The tronghs arell,dapted to slide on these rods or ways, and, when one or both the headsQfthe cylinder are removed, may be readily withdrawn from or slipped into the cylinder. Immediately above the upper trough is a perfQ..-ated supply pipe, provided with a perforated bottom, and extending IQngitudinally within the cylinder and near its top, almost the entire length of the upper trough. This pipe is can· nected by a suitable inlet pipe tothe pump or other source of water supply. Immedililtely under the lower trough is a, removable horizontal plate, the edges of whi(lh are up so as to form flanges, wh,ich J,'eSt on the lower curve o(,the, (ly:lindflrjsaid plate thus forming, with
STILWELL & BIERCE MAliUF'G CO. 'l1. BROWN.
the bottom of the cylinder, a compartment which closes at each end by vertical perforated plates. The removable horizontal plate is extended at its rear,end beyond the troughs, and is provided with'a head or flange projecting upward beyond the bottom of the lower trough, the flange being considerably 'shorter than the trough. Its forward end does not extend· out to the end of the troughs, but rests on the perforated vertical plate,' thus forming a pocket or chamber in the forward part of the bottom of the cylinder. The vertical perforated plate which closes the rear end of the compartment in which the filtering material is placed extends back some distance, so as to form a chamber to the rear of the filtering chamber, and under the plate. From this chamberleads the water-exit pipe, which extends downward and out from some distance above the bottom of the chamber. When this heater is used as a live-steam heater, a connection from the steam reservoir of the boiler is established by a pipe which leads into the top of the cylinder of the heater, the exit pipe above described connected to the water inlet of the boiler. There is also a blow-offor discharge pipe, which leads from the chamber above described, which is in front of the filtering compartment. The plates above, described are made removable for the purpose of removing or replacing the filtering substance, and that they may be easily cleaned. When used as a live-steam heater, the bottom of the casing or cylinder is so placed as to be above the water-line of the boiler. The operation is as follows: The water is l'umped or otherwise forced into the supply pipe, and falls into the top trough. When that trough is filled, the water falls over the sides thereof,and, following the ontersurface of the bot· tom, which is curved, flows in a uniform sheet thereunder until it reaches the center, when it drops· into the trough below, and so on through each successive trough, until it falls on the horizontal plate, and flows along the same into chamber, 0, below. From that chamber it passes through the filtering chamber into the exit chamber, and thence through the exit pipe into the boiler. As the water passes through the troughs, itis brought ,into direct contact with the steam, and becomesthroughly heated. As each trough: remains filled with water, the sediment or impurities fall to the bottom, and are retained. The water, flowing in a uniform sheet under the bottom of the troughs, and subjected to the direct action of the steam, parts with the lime or other incrustating substances which it contains, and these are deposited on the under side of the troughs. There are some other details of construction to which it is not necessary to refer. It is obvious from this description that the change from the vertical position of the purifier to the longitudinal is not material, and it is conceded that the purifier as it came from the manufacturers, and as it was first set up for use the defendants, was 110t an infringement of the complainant's. Wood &; Boyd, for complainant. Paul A. Staley, for respondents.
SAGE, District Judge, (after Btating ihe case.) It is conceded that the only .real,ditference between the complainant's purifier and that patented
. to Edwirl· R. BtilweU, ,101Y"2.8,,1867, (No.. 66, 998,)Js by: the addition pipe,M,as 8'hOwnin the complainant's The purifilerlpatented July,23, 1867 j had but one pipe, connecting with the boiler,land supplyjngsteamjllnd connecting the water-well of thepnrifier lothe boiler, for:supplying the boiler. That purifier was designed to doits'work, soit'is stated in the specificatitm, by the action of liveisteamdireet from the boiler. Prior to that is8'hown patent No; 41,374; 'January 26, 1864,,,to A., M. Granger, wherein the steam-supply pipe connects with 'the Dlain steam-pipe, whichl!upplies the engine, or, it is stated, may beconneeted to receive steam directly from the boiler. On September 18, 1866, patent No. 58,099 was issued to Hasecostel' and Stephens, for a feed-water heater with au inlet and outlet steam-pipe, corresponding to anti L," in complainant's purifier. Steam was introduced into that heater from the exhaust pipe of the engine, and ,the upper pipe was provided for its through the lower escape at or near the upper end of the vertical sheet-iron cylinder or shell of the heater, which was' intended to' be also a purifier. Patent No. 169,362, to Tellier, November 2, 187.5, for water filter and purifier, showsatthe top of the cover a gas-escape pipe, provided with an automaticvalve. A common instance of the use of valves or pipes to permit the escape of air or gas in order that the live steam may enter is in steam radiators for heating purposes. In Hayes, Jeffrey & Schlachs' heater and puritier,-patent No. 226,068, March 30, 1880,-thefeed-water enters at the top of the dome of a steam boiler, and passes down through filtering material, and thence directly to the boiler. Two tubes, each two inches 'or more in diameter, and extending from the boiler into the upper part of the dome, constitute the passage-way for live steam to heat the water and assist ili,the purification. French's purifier, patented December 6, 1881, (No. 250,519,) upon an application filed August 23, 1880, has an outer drum or jacket surroundinK the purifier, ;and sup. plied with live -steam from the boiler above the water-line, the object The bottom being to keep the inner drum,-which is the oUhis outer drum is connected bya pipe with the boiler, so that the steam which,by condensation in the :space between the two drums becomes water, will run into the water by gravity. Frenchsubsequently made an improvement on this purifier, for which he obtained patent No. 250,520, !applied: for September 5. 1881, and granted December 6,; 1881. This improvement shows a pump in the'dome of the boiler, wpich, by pipe connection; forces steam from the boiler through the purifier,also, and, as an alternative device, a. pump for exhausting the steam through the connecting pipe from' the purifier to the boiler. For this!last ,pump, it is stated in the specification, an injector or syphon may be substituted. By changing the connection, the operation orthe first pump may be re'versed; that is to 'say, it will exhaust the steam through the apparatus, instead of forcing it, into the apparatus, either way causing the desired circulation. 'The above are the anticipating devices offered on behalf of the defendant. Without entering !upon. a detailed e:xamination of them, it will be
STILWELL'. BIERCE MANVJ"G :00.' 'tr. ·BROWN.
suffioient to say that; if the.earlierpatenttd Stilwell (No. 66,998, July 23,1867) does notanticipafe;the com:plainanfs,patent, none of the Theradieal 'diff61ence between that and the complainant's purifier is that the complainant's is provided with, the gas-escape pipe, . M. The supply pipes being oflarge capacity, the temperature of, tbe water in the purifier and in ,the boiler is nearly the, same. As a consequence, deleterious gases aud air are set free. These rise to the top of the purifier, where, but for the escape pipe, M, they would accumulate and prevent the contact of the steam with the cold water as it is introduced into the heater, and retard the condensation of the steam, and thereby the heating of the water to be. purified. '. The escape pipe, M, connecting the purifier with the dome of the boiler, causes a constant discharge of the gas, ,and also. a free and constank .Qirculation, greatly facilitating the heating of tbe water in tbe purifier, and increasing the deposit This very desirable result had not been so well accomplished by anyone of the previous devi<J/i1s. There ia a conflict ofviem.and theories, as disclosed by the testimony, with ,reference to the method by which the result is accomplished. sider them. I do not care t6 go' into the discussion of tnephilosophy of the operation of the complainant's device. It is urged on behalf of the that "the escape ri pe is not necessary, the production of the result of circulation,.llnd that the connectiDK withthehoiler will, if made large enough, RCCOIn the sam,e ,result by passing the steam in throug,9the under pipe, and the gases out thto1Jgh the upper part of the pipe. Tnitt may be true, and that method w!ls'and is free to the defendants. If it would effect tbe purpose, they were and are at liberty to use it., ,The difl1culty with is that they can be side of case, and that l!lpechliarly, true of this used to support case. apt what we have to <;leal with ,is factsj and, whatever may he said thieorl, shows insu.PR?rt ;of this .oJ:·t;hat or deVIce IS (he of a of expenthat infapt it has to be ,more tban anywhioh preceded It. Even the defendants' record estAblishes. that' the escape 'Q;Il'd wIth' the
Wll.8 notsat\s(actory, and., ,reme(!led It IS contepded forthedefendants that tbe', defect resulted from thaJa,ulty construction fofthe boiler,andwal! not:in'the purifier or its connections; but the fact remains that the only tbingthat was 'found,thatwtiuldreiIiedy itwastbe ,escape.pipe. andthl"t' ,did: ,comp>:Jetely remedy, it, and did .at ,the Slime time conclusively prove the, practical utility and value of thecomplai,n"ant'sdevice·.Tbe.testimony for.the complain:ant pfovesthat its:pul'ifier does itswol'ksuccessfully,and keeps the boilers ill good condition. ,The 'evidence' saotisfactbril.1'esfablishes not only itsutHity , but its superidrity. That it is novel is, I think, equally clear; and I am satisfieddthatit is an·inventioIl.;' Perhaps itmigbt alsawte.rmeda:"discovery," beeiiuse it was the result of which finally led totbeconstructioJ;l tbat
was:pa:tented.Tliat the defendants infringe is. r think, also clear. It s trUe that. the escape pipe of their purifier is connected to the steampipe which supplies the steam to run the' feed-pump,and is not connectedtothedome of the boiler; but the variation is not material, and does not make the defendants any' less infringers. The decree will be for the complainant, for an injunction, with costs.
PJ,'fBNTlWOB hcvBNTION8'" hcvBNTlON ETC.
Co. ". TAYLOR.
SUBSTITUTION OJ' MATBBULB- CJLuR BAClU,
Letters patent No. 185;576, issued December 19, 1876, to Reuben H. Plass, for an improvement in seats andbacklJ for chJ\irs, and claiming simply the substitution of vulcanized llber for veneers, coated paper, metal, etc., are void for want of inventi.on, as .the application of an old material to a new use, as a mere substitute, is in no seuse an tilvention or discovery. Smith v. VUZCanite Co., 93 U. S. 486, distinguished. _ .."" ' ,
M. Taylor for infringement Of a patent. On motion for preliminary in'junction. '.. Denied. . " . Bradford & Vandegrift, for COmplainants.' Wm; S. Bilks, for defendant. . . , .
Suit by the Vulcanized Fiber Company against Edward
No. 185,576, dated December 1876, for an improvementih seats and backs for chairs, were issued :to Reuben H. Plass,aI)d subsm:wmtly. by sundry mesne assignments, l?ecame the property of the corporatl0n,which now sues defendant for . The defense is want of novelty and :t,ij", consequent the. alleged improvement. The spec.itleatij)n states the objeCt Qf the improvement to beA. seat or back for cha,1J;s, loungeS, of greater durability, aitd rigidity, and less liable aflectlld by the atmosphere ethan those of the ordinary coated paper, metal, and other materials have been employed as substitutes for cane and leather in the manufactUre of seats and backs for chairs, etc., but to a greater or less degree have faIled to meet the requirements of a practical article. It '.. After detailing the objections to other materials, and· in the making of chair seats and backs, the specification continues: "My imprOVed seat, which is liable to none of these objections, consists of :vegetable fiber formed Into a sheet which is tough, elMtic, light in weight, flexible. yet possessing the requisite stiffness, extremely durable, and of any ,J'equired color." The specification nextdesoribea the process of making the vegetable ,fiber,and concludes:
WALES, District Judge.