contribute anything' t()' lifting of thidlu1tern which' ts b()t equally well accornplished by the 190PS il1 the lantetns of Colony; Foi'di IIlovementof the deflecting plate and Balch, which control the in those lanterns. The patent to Shannon, and the other patents relied upon by the defendants which were not in the case before JudgeNE'LSON, have not been specifically referred to, with the e,xception of the patent to Balch, because they do not seem to be of any value in considering the questions :which discussed. , Vpon filing proper disclaime,rof the secondclltim. a decree may be entered by the complainant, without costs, for an .junptioll and an accounting.
SUN VAPOR STRElilT-LIGHT (Oircuof,t L' PA.TlI:NTS joOR WITH OIL. ' ,','
Co.
fl. WESTERN STREET-LIGHT
D. Iowa, E. D. January 8, 1800.) FQR SUPPLYING BTREET.L.Ufi.I :
The lI.rst claim of letters patent Nil' 222,856, issued December 23, 1879, to ,HeDJ'J! B. Belden, for a method of supplying litreet-Iamps with oil, consisting in providl\1gthe lamp. with removable reservoirs of a' number greater than the lamps, and provtati1g. transporting flll.ad aD:d for ones,ls not mfnnged by a deVlce for transportmg filled reservOlrs, and'substituting themf.or the emptied ones, which does not use the case or rack forcl)ateYing the resel'\"Oirs descri1;led in the Belden patent. , ' ,
2. 8,urE':-'OIL RESER!'OIR. " , " ' , 'The second claIm of letters patent No. 286,211, issued October 9,1888, to Alfred an oil reserJIoir, bavingits bottom set in to form a flange to, fit ovel' and upon II, suitable tank lWapted for permanent c()nnection to the service piP,e pf a, laillpi said' 'bottom having an opening provided with asorew-cap, and air and teed' connected thereto, is not by a device which does not co.mbine a screw-cap with the feed and air pipes, and which does not use a second pipe as a, feed-pIpe, the patent being limited to the entire combination, none of its elements beingllew. ' , I ' ,
In 'Equity. Cha,·les If.. ¥'I11er, for complainant. Hen,der«m, Hurd. DaniRl,s KieBel, for defendant· . SHJRAS,J. The complainant company is the owner by assignment< of letters patent No. 222,856, issued on the23d of December,' 1879, to' Henry So: Belden, and ofletters patent No. 286,211, issued to AlfrediL.: Mack under date of October 9, 1883, and in the bill herein filedaversi that the defendant is infringing the first Claim of the letters patent to Belden, and the second and third claims of those issued to Mack. The: first of the plltent is in these words:
"Tbe herein descrlbedrnetbod 01' system street-lamps with oil. ' consiHting in providing lamps, with reservoirs of a DumlJergreater tban:the numuer of lamps, and proViding 81so acoDveyance adapted to trans-' potti and. by means of these devices, reto'()ving tbe PD),Pf,y res-' ervoiJ:s and l'eplacing tbem with filled ones, substantially as set forth.',,:,· . "
J'EDEJtAL REPORTER, vol.
41.
; ..IQ.theflPecifications attached to this patent it is stated that one method already iQ use, of street-lamps with oil, is to haye a detachable,reservoir,which can1;>ct\ ,removed from the lamps, and taken to the appliplace where the oil is stored for the purpose of being filled. cant also states that..I dq ,not, in this application. claim a detaQh!\ble reservoir for street-lamps provifled bottom trap for receiving impurities from the oil. and an opening at the top through which sucli impurities may be removed by inasmuch as I,desire to makEUi separate application embodying tbisfeatl1re of ihvention,and other featUres which I have shown in my imprOVed It is clear, therefore, that this first claim in the patent doesnot cover the use of a detachable reservoir, nor the use of any special form or kind of reservoir. It is limited, simply.. to having a number of reservoirs greater than the number of lamps, and a conveyance adapted to transthe fill,ed reservoirs to removing the thetilllanS'used to utrlIze the sam the'Iaea ofhav, ing a greater number of reservoirs than of lamps, so. that the empty one may be replaced with one filled',vith oif', itii{not a' stibjeclOf a patent, or, was, not The ,of sa v., mg' time; labor" and expense by using mofethan one 'recepiaoleto fur.is -ill: the u.sIng 'twq' bUckets in ,fufmshmg a.,charged soda fountam In ,place of one· exbther ways; It does. follow i;nay not haye exercised invention in perfecting a means for applying this principle to the supplying of oil to street-lamps. The. in the first9laim of ;his. patent is the:comQination of greater -innt1mberthan the lamps to be supplied, It Japlt ,:bJ' case cons.truCted for the. of the· detli'ched reservoirs,., and'for .the filling. thereof; and Which case can be transported on ij. ,barrow" Cart I wagon, oJ,' vehicle. /1'he evidence fails to show that the defendant makes use of the case or rack in transporting the reservoirs. It cannot be claimed that Belden invented the use of a cart or oil, so that the-defendant is wagon for transporting reservoirs filled not debarred from using a cart, waglln:,.' or other like vehicle for that purpose. All that is-shown the'dMendant usesacar1itotransp6rt the reservoirs to and from the lamps. The evidence, therefore, fails to shQw,;fhllt th,e :defendant makes use 'of the:combinatiowdescribed' in' the patent, and the bill cannot be s\)stained, so far' alleged of the fustClaim of this pateQt; ;;. " C;): ,:: : \ ,Mack patent:is 'concerned;. the charge of:infringement is limited to the second c1airiLthereof, w.hich. is as! follows: "A reservoir for containing oil: or otherbiIrning fiuids,hil1Ang' its bottom to, or. rilll, OVel'lUld"upQn a suitable tank ada'pted'for p'erwanent of a.lamp. stove; or other sill1ilar, openingproyiqed. Withll screw-cap. and air, thereto, as imd for the purpose de':"'.' : '
IUN VAPOR
11. WEBTERN STREET-LIGHT CO.
4'5
When this patent Was applied for, in '1883,reserv'oirs for containing the oil used in the lamp or stove, with feed-pipes .and contrivances for regulating the flow of the oil, for protection against impurities and the like, were well known, and bad long been in use; The so-called "Student Lamp" is one example of such use. In the Belden patent, owned by complainant, which was issued in 1879, is found a reservoir, with a cup for its reception, the upper portion·of the reservoir extending outwardly and downwardly, so as to fit over the sides of the receiving cup'. This combination of a reservoir and cup is found in many forms of lamps patented years before the date of the patent to Mack. In patent No. 189,655, issued to N. A. Rigby, April 17, 1877, is·found·a combination of an oil reservoir placed above an oil-CUp, from which the oil is fed to the lamp;and passing through the reservoir is an:air-tube, the lower end of which projects. into the bil-cup.Astheoil passes into the cup from the reservoir, the .latter becomes filled· until it closes the end of theaibtube, th\ils cutting off the-supply of aido the reservoir; and :ruatically, the flow of the oil from into the cup connected with.the,burneris controlled. In paient No. 101,961, issued Aprild:.2; 18'iO"toJ. is found the. com.bination ofa neeted with a receiving cup, from which the' oil is Jed ,to the burner; and it is shown that air may he carried into the reservoir by having lin ai1'1o tube. extending from near the top of the-oilrestlrtoi1! downwind, through the bottom oCthe same, into the of the ai!.· being ,cut off when the oIl in the cup reaches the endofthe·tube. With;,. out setting forth other forms of lamps shown ia the evidence, sufficient has qeen said to establish the fact that, when Mack entered the field" the com.bination of oil reservoirs with cups to receive· theloil from the'reserivoir, and:fued it to the burner, withV'al'ioua forms of pipes or openings for the passage of the oil from the reservoir to the cup,.was well known and in common use, as was also the device .of supplying air to ihe ,oil reservoir by means of a pipe passing through the reservoir, with· one end. projecting into the oil-cup, so that the .passage .of air would be cut :off when the oil in the cup reached the end of the ait;.pipe. In patent 209,935, .issued to Jsaac Stead, November 12,,1878, the screw-capris found used for· the same purpose as in:the Mack 'Combination; for qlol'ling tightly the opening through -which the oil is conveyed into the reservoi.r. Ofthe severalelements named iIi the .secondclaim :ofthe Mack patent he is not the inventor,'andtb,e patent must,.in this partioular, be li,mited solely to the oftheseveralparts therein In the several forms of.llltlDPS used :by the defendant, the fee<t.pipe, ,shown in the Mack combination is disflensed witb,and:the filling the reservoir with oiUs no,t in the .center oUhe reser:yoir, but pearer thecircumference._ ,The air-pipe dOesllot pass through the screw-qap, as in the Mack combinati.Qtil,but is attached permanently ,to the bottom of the reservoir. In one form of defendant's lamp, ·Ilismall lJole is Joqud in theair-pipeueal1 the wttom of thereservoit.through into the lower par,t,oHhatpipe, and thence into the .oil-cup .b.eJow. ,Thus.the for the pur,.
:pcisEiioh<f'eea.atid·ai,r pipe; . 'By this ootitrivallce.the feed-pipe fouri'd in used. His/strongly urged that this is merely a tCDnnge inthe'modeofcollveying the,oiHrorn the reservoir to the cup or tank, iaridthatit' is not sufficient to defeat the charge of infringement. Rwill beJremembered, however) that Mack is not the inventor of a feedpipe (connecting the reservoir with the' cup or tank.. As already said, reservoifsconnectedwithoil-tanksorcups have long'been in use, and triodes of paSsing the oil from:one-tothe other through connecting pipes) orifices, f!.nd. passages· of'different construction, were well known of,the Mack patent.. Unless the second claim of the Mack beforetbe patent'ls.so construed as to Cover the Mll:\bination of the screW-cap with ,theairiuid feed pipes passing through the same, I do not soohow the Claimc.sil. b'e held to ,be patentable. "If it is not this combination connected'with the reservoir and tank that is relied upon as novel, then the defense'iofwant of novelty would lie against it; for it is clear beyond questiontMt reservoirs, with air and pipes and orificesfol' pouring in'. ineommon use long' ibefore, Mack applied forhia patent. To sustain ,this claim it must be·eonstiued;to cover tbecombination of thesci'ew-cap and air and feed pipeS. which accords with thegrammatleal constructi()U'of the: sentence. ' Assuming thatthia combination is sufficientlYIDovel and ingenious to sustain a plLtent, it must, however, belimitedl, jnview oftbeprevious state of.theart,to the form of combinationshown by the patent. ItcannOt btl broadened: so as to include forms of reservoirs in which the air-pipe' jewholly disconnected from' the orifice which ,the oil is poured into the reser\'oil', and from the scre.w-cap covering, the same , and in which a second pipe as a feed-pipe is not used,'or in which the screw-cap is ,not used to close the orifice, but a cOl1k is 'subst,it\lted.. lnnorie of the lampe used by the defendant·is this'combinationof'the serew-capwiththe feed and air pipes made use bf,nor is there.tised a 'second pipe as i l1Ifeed-pipeto oon'Veythe oil from the r.eservoir to,thecup or tank. ,In all the lamps uSed by the defend'ant :the air-pipe is wholly disconnected from the orifice'throngh which the oil is j:lonvey.ediintothe teservoir,ahd is notattaehed to the Screw:Cap. Instead,M using a second pipe fts.8.'feed-pipel in one form, a small hole is found iIi the' air_pipe Jthrongh ,whi'Ch· the air pasSes'into' the tauk, and in the, other fomlsa hole: is made ,in the head of tne'screw-cap. It is :not to bel questioned that' there is great force ill':tne argument that ,these' holes, ,thus' made,are,,' in effect,the equivalent 6f the feed-pipe £ound in the Mack combination, as they serve the same purpose; but ,M*ck is not :inyentor,ofthe use of 'the feed-pipe' for· ithis'purpose. !'fhe'fact that'slight changeE from thErfonnof '{bund in his -patent suffice to'avoia tbe,ehargeiof ihfringement is due to 'the fa.ct that ohleoossity; to the special form shbWn in his in"i:lntion, and itoeeupies *ery ,11larrow: ground. ,The evidence in this cause that 'the cOmplainantcorilpany'manufactu,res, and puts 'in ;use a,system·of'street-lamps. which combines many features, ,amI, ,an economical and ,oo:sily urana?;ed light, -and itS'succi.·'diFthese::pamoulars·;htlS doubtless'iled others to imitate
DRAINAGE 90NST];tUfTION CO.
CHELSEA.
dl7
system lllore or lessclOf:iely. The evidenceJfails,"however, iIl;,showing that the defendant has infringed the' specialcombinatiolls described, in the first claim of the Belden patent, and the second in the Mack patent, and the bUl.must therefore be dismissed, at costs.of'complainant.
OO'll-rt.,lV. D. Iowa, E. D. JanuIl7; 3,1890.)
In BUl for injunction., Oharles Miller, for I. N. WMttami,fordefendant.
"
. SIDRAS. J. " In, tlds tbat the lamps used iJ1,llgbting certain ,portiAnllof tbe city cif ceda.rRapids are :furnished tinder a contract between the city alld the West. g el'Jl street-x.,,i,ght Co,' ,mp.an,Y,'j it be,in,gChar, ed in the bill, tbat,';a,UCh lamps ,IntI',inge 1"at,teN patent .and ,No. 286.211: In tbe suit brougbt 1;Iy, tJ\8 Western Street-LIght Company It has 'been deCIded tMt thecbargec;lf mfringement ,'ps not :madeout,amllt,follows tbat, the complainailt'has aa.ground foreiljoining :t!:l'e ei"ty. Ante, 48. ,TheblllJI i: 1
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,
Co. 'D. CITY: oi' CHELSEA. (Oircuit Oourt, D. Massachusetts. January 8,1890.)
.
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P.£.TlIll<TS FOR INVENTloNs-Il<FRINGEMEl<T-IMPLIEIl' LIOENSB.
, In a suit for the infringement of letters patent No. 278,839, issued June 5, 1883, to
George E, W,a,ring, Jr' l for improvements draining towns, it appeared.W!Jt !lefendant '!l1lli'i:Jaid" royalty on the fillSh t4nk8ll8ed, and that, before it put in its system of sewers, plaintiff had notified defendant, in response to a question, that a of 10 oents p.e/.' fP?t" .defendant acted under'an Imphild"Ubettse;'a bill for inJunction alid: aooountlbg would not lie; the proper remedy being an action at law for recovery of the . ';-' ':J ":" /"', l ,-' , .. " ; . . , :' , · '. .",'. .' , ,. ,
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In Wlolty. " Billf9rinjuD¢ionand , &nj., Thur,stan a.nd Georgll O. G. 00al6, for complainant. ' f<,>t :defendalit.
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1883 the defendant built a system of sewers in what is ,yill E3 9fthat -to)!Ji1h, Wil,liap} CIty Col, 'sents cor.poia#on,: .system , and jj'afticulai'ly'the"FibldfIush tem. In his letter of July 31, 1883'. McClintock says: Uf.
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