Blaisdell v. Puffer

U.S. District Court

Decided September 15, 1879

U.S. District Court · decided 1879-09-15

Case No. 1,490. Patents — Infringement — Use of Unnecessary Part of Machine. An objection, that the construction of one part of the patented apparatus, in a particular form, is unnecessary, will not avail a defendant who uses the form claimed in the patent. [NOTE. Patent No. 40,811 was granted to J. H. Blaisdell, December 8, 1863. For other cases involving this patent, see note to Case No. 1,491.]

Temporary injunction granted · Decided 1879-09-15

LOWELL, Circuit Judge.

¶1As to the validity of the patent, I refer to my remarks in the case against Dows. [Blaisdell v. Dows, Case No. 1,489.]

¶2The soda pipe or apparatus, which is exhibited as having been bought of the defendant, appears to me to infringe the fourth claim. If it be true, as was suggested at the argument, that the contraction in the chamber is unnecessary, then the defendant can easily change the form of the chamber and escape the patent; but his apparatus, as it now stands, seems to have a chamber like what was decided to be the fourth claim of the patent, and! to be valid.

¶3Temporary injunction ordered.