PARTICULAR PATENTS-Continued.

26. HANSEN AND SMITH-APPARATUS FOR DISTILLING WOOD.-Letters Patent
No. 333,750, granted to Hansen and Smith January 5, 1886, for improvement
in apparatus for distilling wood, compared with the Stanley reissue Patent
No. 10,689, granted February 16, 1886, for an apparatus for distilling turpen-
tine, and Held to cover substantial improvements. *Fernoline Chemical Com-
pany v. The Carolina Oil and Creosote Company, 352.

27. HEINE-PURIFIERS FOR FEED-WATER FOR STEAM-BOILERS.-Applying the
rule that when none of the elements of a combination are new or are claimed
separately, and there are other similar kindred combinations in use, the pat-
entee is limited to the particular form of the various elements composing the
combination shown by his drawings to Letters Patent No. 304, 195, granted
August 26, 1884, to Hermann Heine, for purifiers for the feed-water of steam-
boilers, the patent is not infringed by a device differing essentially therefrom
in construction. * Heine Safety Boiler Company v. Smith Feed Water Heater
and Purifier Company, 499.

28. SAME-VALIDITY.—If the claim were to receive a broader construction, it is by
no means certain that it is valid and ought to be sustained, in view of the
state of the art when the patent issued. Id.

29. HOVEY-ENDLESS-ROPE RAILWAYS-ANTICIPATION.-The first claim of Letters
Patent No. 195,372, granted to Asa E. Hovey September 18, 1877, for improve-
ment in endless-rope traction-railways, which is "the construction and ar-
rangement together of the brackets
and rails
forming
the frame or skeleton for a rope-tunnel for endless-rope traction-railways,
said brackets forming a support for the groove-rails and for the planking
forming the sides or shell of the tunnel," is void for want of invention, hav-
ing been anticipated by the Gardner patent, No. 19,736, of March 23, 1858, the
Thompson patent, No. 131,913, of October 1, 1872, and the structure used in
1873 by the Clay Street Hill Road, of San Francisco, Cal. *National Cable
Railway Company v. Mt. Adams & Eden Park Inclined Railway Company, 592.
30. SAME-INFRINGEMENT.-If such first claim could be sustained by limiting its

scope, so as to make it cover all of the elements described in the specifica-
tions, it is not infringed by the structure used by defendant, the Mt. Adams
& Eden Park Inclined Railway Company. *Id.

31. SAME-ANTICIPATION.-The first branch of the sixth claim of said Letters Pat-
ent, in reference to the combination, "with the rope-tunnel or chamber, of
pulleys journaled in the same, upon which the rope runs," was anticipated
by the Gardner patent and is not patentable. *Id.

32. SAME-SAME.-The second branch of the sixth claim, relating to the " means
for lubricating the bearings of said pulleys from the outside of the tunnel,"
lacks invention, and is not patentable, in view of the well-known use of tubes
to carry oil to inaccessible journals. *Id.

33. SAME-INFRINGEMENT.-Even if such sixth claim were patentable, it is not in-
fringed by defendant, who does not use any oil reservoirs or tubes leading
from the outside of the tunnel to the shaft-bearings, such as are covered by
said sixth claim. "Id.

34. IDE-STEAM-ENGINE GOVERNORS-PATENT DECLARED VOID.-Letters Patent
No. 301,720, granted July 8, 1884, to Albert L. Ide, for an improvement in
steam-engine governors, declared void for want of patentable novelty. *Ide
v. Ball Engine Company, 612.

35. JOHNSON-CUTTING PLIERS.-The conclusion of the circuit court (33 0. G., 1140;
C. D., 1885, 500) that Moses C. Johnson was not the first and original inventor
of the improvements claimed in Letters Patent No. 232,975, granted October
5, 1880, to Henry G. Thompson, as assignee of said Moses C. Johnson, for
cutting-pliers, sustained and decree affirined. *Thompson v. Hall et al., 431.

PARTICULAR PATENTS-Continued.

36. JORDAN AND SMITH-WRENCHES.-Reissued Letters Patent No. 5,294, to Lucius
Jordan and Leander E. Smith, February 25, 1873, for an improvement in
wrenches, Held to be anticipated by the patent to Loring Coes April 16, 1841,
and by the wrenches known as the "Hewitt" wrenches, manufactured in
1851-4, and to be void for want of patentable novelty. "Collins Company v.
Coes et al., 413.

37. KENDALL-CULTIVATORS.-The essential characteristics of Letters Patent No.
174,684, granted March 14, 1876, to Thomas W. Kendall, for an improvement
in cultivators, are the rigidity of the runners and the resulting automatic
action, and are not infringed by the appellee's machine, which does not con-
tain runners constructed as the Kendall runners are, in the rigid form, and
operated by the draft of the team to keep them off, or by the weight of the
plows to keep them on, the ground, and so lacks the distinctive features of
the Kendall patent, and which is not automatic, but requires manipulation
every time the use is changed. *Pattee Plow Company v. Kingman & Com-
pany et al., 357.

38. KREMENTZ-COLLAR-BUTTON.-Patent No. 298,303, granted to G. Krementz,
May 6, 1884, for a collar or sleeve button having a hollow head and stem, the
said head, stem, and the base-plate or back of the said button being shaped
and made of a single continuous piece of sheet metal, is void for want of
novelty. The Stokes patent, No. 171,882, January 4, 1876, covers a button
composed of a single piece of sheet metal, the only difference being that the
head is flat and solid instead of round and hollow, like complainant's; and
the Keats patent, No. 177,253, May 9, 1876, also covers a button made of a
single piece of sheet metal having a hollow head and hollow stem of the same
form as complainant's. * Krementz v. Cottle Company, 605.

39. LEARY-SHADE OR GLOBE HOLDERS FOR CANDLES.-Letters Patent No. 257,027,
granted April 25, 1882, to Daniel Leary, for an improvement in shade or globe
holders for candles, Held valid, and infringed by the defendant's device, which
is a copy of the plaintiff's, which latter, while not made according to the
specific device described in the patent, is equivalent thereto and accom-
plishes the same result in the same manner. Leary et al. v. Hohenstein, 376.
40. LEGGETT LINING BARRELS WITH GLUE.-Reissue Letters Patent No. 5,785,
granted March 10, 1874, to Edward W. Leggett, for an improved mode of
lining the inside of oil-barrels with glue, the claims for which were a process
"wherein the glutinous material, instead of being produced by reduction
from a previously solid state, is permitted to attain only a certain liquid con-
sistency and is then applied to the package and permitted to harden thereon
for the first time," and "a barrel, cask, &c., coated or sized by the material,
and by the mode or process whereby it is absorbed into and strengthened by
the wood fiber," are void for want of invention. *Leggett v. Standard Oil
Company, 577.

41. LITTLE-TIME-LOCKS-VALIDITY.-The first and seventh claims of reissued
Letters Patent No. 8,550, granted January 21, 1879, to the Yale Lock Manu-
facturing Company, as assignee of Samuel Little, for an improvement in
time-lock, Held valid, and the seventh claim Held not an expansion of the
original patent, on the authority of Yale Lock Co. v. Berkshire Nat. Bank (17
Fed. Rep., 531) and Yule Lock Co. v. New Haven Sav. Bank (32 Fed. Rep., 167).
*Yale & Towne Manufacturing Company et al. v. Consolidated Time Lock Com-
pany, 590.

42. LOW-TILE DECORATION.-Letters Patent No. 336,242 and 336,243, both granted
to John G. Low February 16, 1886, for tile decoration, declared void for want
of invention. Low v. Barstow Stove Company, 541.

*

PARTICULAR PATENTS--Continued.

43. LOWE-PROCESS AND APPARATUS FOR THE MANUFACTURE OF ILLUMINATING OR
HEATING GAS.-Letters Patent No. 167,847, granted September 21, 1875, to
Thaddeus S. C. Lowe, for an improved process and apparatus for the manu-
facture of illuminating or heating gas, contain a process for the manufacture
of water-gas containing but little nitrogen. The presence of nitrogen in
illuminating-gas is deleterious, and when it amounts to 9 per cent. or more it
amounts to a serious fault. The feature of the process consists in produciug
the gas in a close chamber-that is, one from which the air is excluded--or
by an alternating, as distinguished from a continuous, process. All of the
essential apparatus was old, except the fixing-chamber, which is so ar-
ranged as to be heated internally by the products of combustion that escape
from the generator and envelop the refactory material. Held that as the in-
vention introduced a very desirable advantage into the process of making
illuminating-gas by which the expense is greatly lessened, the facts that the
older inventions which are now claimed to be susceptible of being modified
by mere mechanical skill into the one in question remained without modifi-
cation until the patentee made it, and that his improvement at once com-
nicnded itself to those skilled in the art, are sufficient to show patentable in-
vention. *Guarantee Trust and Safe Deposit Company et al. v. New Haven
Gas-Light Company, 596.

44. MARCHAND-MANUFACTURE OF HYDROGEN PEROXIDE.-The first claim of Let-
ters Patent No. 273,569, granted to Charles Marchand, March 6, 1883, for an
improvement in the manufacture of Hydrogen peroxide, Held void for want
of patentable novelty. *Marchand v. Emken, 674.

45. MARMON-ROLLER-MILLS.-Letters Patent No. 274,508, granted March 27, 1883.
to D. W. Marmon, for an improvement in roller-mills, construed, and so much
of claim 1 as is not covered by the Gray patent-to wit, “means for adjust-
ing simultaneously both ends of the counter-shaft"-Held to be so far antici-
pated as to involve only mechanical skill. *Consolidated Roller Mill Com-
pany v. Coombs, 526.

46. MARTIN-DEEP-WELL PACKING.-The fourth claim of reissued Letters Patent
No. 7,244, granted July 25, 1876, to Francis Martin, for deep-well packing,
compared with the second claim of the original patent, and Held to be not
an enlargement or expansion of the original claim, but a statement in more
clear and precise language of what is contained in the modified language of
the original claim. The question of patentable novelty not considered. *Con-
solidated Oil Well Packer Company v. Galey, 568.

47. MELLER AND HOFMANN-MAKING BEER-CLAIMS 1 AND 2-PROCESS OLD.-
The first and second claims of Letters Patent No. 215,679, granted upon the
application of Leonard Meller and E. Hofmann to George Bartholomae, as-
signee, May 20, 1879, are as follows: "1. The process of preparing beer for
the market, which consists in holding it under controllable pressure of car-
bonic-acid gas when in the 'kracusen' stage, substantially," &c. "2. The
process of treating beer when in the kraeusen stage, which consists in hold-
ing it in a vessel under automatically-controllable pressure of carbonic-acid
gas, substantially," &c. Held that these processes are invalid for lack of nov-
elty. The vent-bungs known as the "Shaefer bung," the "Guth bung," the
"Bachman bung," and others are the vent-bung of this patent in the sense
that they have the same functions and are automatic valves designed to con-
trol the pressure of the gas, and were used commercially in many breweries
between 1861 and 1876, being applied to shavings-casks after the beer had
reached the kraeusen stage, and before the end of that stage, for controlling
the pressure of the gas. *Consolidated Bunging Apparatus et al. v. H. Clausen
& Son Brewing Company, 608.

PARTICULAR PATENTS-Continued.

48. SAME-SAME-CLAIM 3 Construed-InfrINGEMENT.—The third claim of the
patent-viz., "the process of preparing and preserving beer for the market,
which consists in holding it under controllable pressure of carbonic-acid gas
from the beginning of the kraeusen stage until such time as it is transferred
to kegs and bunged," &c.—must be limited to the application of the appara-
tus at the beginning of the kraeusen stage, and is not infringed by defendant's
apparatus, which though the same vent-bung as that of the patent, is not
applied until several days after the kraeusen has been introduced, the beer in
the interval being allowed to work out of the bung-hole of the shavings-cask.
*Id.

49. Morley-Machines for SEWING BUTTONS ON FABRICS, &c.—Letters Patent
No. 236,350, granted January 4, 1881, to James H. Morley, for a machine for
sewing buttons on fabrics, &c., is entitled to receive a liberal construction in
view of the fact that the inventor was a pioneer in the construction of an au-
tomatic button-sewing machine, and is not to be limited to the particular de-
vices or instrumentalities described by him, used in the three main elements
of his machine, which combine together to make it up. Morley Sewing
Machine Company et al. v. Lancaster, 380.

50. SAME--INFRINGEMENT.-As thus construed the patent is infringed by defend-
ant's machine manufactured under Letters Patent No. 268,369, granted Nov-
ember 28, 1862, to Joseph Mathison, for a machine for sewing on buttons,
means employed in which are substantially equivalents of those used in the
Morley machine. *Id.

51. MORRISON-DENTAL CHAIRS-ANTICIPATION.-Letters Patent No. 369,295, issued
to James B. Morrison, August 30, 1887, for improvement in dental chairs, not
anticipated either by patent to one Bauder or to one Travis, in neither of
which is there a platform for the foot such as patentee's chair has, it being
simply a slide below the bottom of the seat, upon which the leg may rest, in
both cases, and the rest, when it is turned rearward, instead of being used as
a rest for the foot, simply folds up flat with the body of the chair or platform,
and therefore it does not serve the purpose of a rest at all. *Morrison et al.
v. The Canton Surgical and Dental Chair Company et al., 627.
52. Mussgiller and Schedler-Treating BEER AND OTHer Liquids.—Reissue
Letters Patent No. 9, 129, granted March 23, 1880, upon the application of
Friedrich C. Mussgiller and R. W. Schedler, for an improvement in treating
beer and other liquids, sustained. *Zinsser et al. v. Kremer, 515.

53. Pattee-CULTIVATORS-No. 187,899.—Letters Patent No. 187,899, granted Feb-
ruary 27, 1877, to Henry H. Pattee, for an improvement in cultivators cov-
ering the use of parallel bars and the attachment of the bars to the end plates,
embraces nothing that is not old and really nothing that is patentable-that
is, which involves invention rather than mechanical skill. *Pattee Plow Com-
pany v. Kingman & Company et al., 357.

54. PATTEE CULTIVATORS-REISSUE NO. 6,080.-Reissue Letters Patent No. 6,080,
granted to James H. Pattee October 6, 1874, for an improvement in culti
vators, Held to have been illegally expanded. Even if valid, when limited
what alone could be claimed as new is not infringed by the appellee. *Id.
55. PETERS-TOOLS FOR ATTACHING SHEET-METAL MOLDINGS.-Claims 1 and 2 of
Letters Patent No. 178,463, granted June 6, 1876, to George M. Peters for an
improvement in tools for attaching sheet-metal moldings, Held to be antici-
pated by a machine used by Joseph P. Noyes, Binghamton, N. Y., as early
as September, 1867. * Peters v. The Active Manufacturing Company, 453.
56. SAME-SAME-INFRINGEMENT.-Claim 3 not infringed by defendant's appara-
tus, in which no washers are used for adjustment. Id.

PARTICULAR PATENTS-Continued.

57. PETERS-VEHICLE-DASHES-Claims 1, 2, and 3 of Letters Patent No. 213,529,
granted March 25, 1879, to George M. Peters, for an improvement in vehicle-
dashes, cover merely applications of old devices to new uses, not involving
invention. Peters v. Hanson et al., 444.

58. SAME-VEHICLE-DASH FRAMES.-Reissue Letters Patent No. 9,891, granted
October 11, 1881, to George M. Peters, for an improvement in vehicle-dash
frames, does not involve invention. The process was old in the state of the
art of working metals. *Id.

59. PETERS-DIE FOR MAKING DASH-FRAMES.-Letters Patent No. 281,553, granted
July 17, 1883, to George M. Peters, for an improvement in dies for making
dash-frames for carriages, Held void for want of invention. *Peters v. The
Active Manufacturing Company, 473.

60. ROBINSON and Strong-Packing for Deep WELLS.-Reissued Letters Pat-
ent No. 8,786, granted July 1, 1879, to John K. Robinson and D. A. Strong, for
packing for deep wells, Held to be an unwarranted enlargement of the orig-
inal patent. The thing which was the subject of the original patent and the
thing which it is desired to bring within the terms of the reissue are entirely
dissimilar. Consolidated Oil Well Packer Company v. Galey, 568.

61. RODEBAUGH-Saw-MILL DOG-INVALID PATENT.-The first claim of Letters
Patent No. 196,102, granted October 16, 1877, to George W. Rodebaugh, for
an improvement in saw-mill dogs, is anticipated by the patent of Craney, No.
150,534, dated May 5, 1874. *Rodebaugh et al. v. Jackson et al., 435.
62. SAME-SAW-MILL DOG-INVALID PATENT.-The first claim of Letters Patent
No. 196,102, granted October 16, 1877, to George W. Rodebaugh, for an im-
provement in saw-mill dogs, is anticipated both by the patent of Craney No.
150,534, dated May 5, 1874 (and the patent of Ely, No. 163,309, dated May 18,
1875). *Rodebaugh et al. v. Jackson et al., 439.

63. ROEMER-LOCKS FOR SATCHELS.-Letters Patent No. 208,541, granted to Will-
iam Roemer, October 1, 1878, for improvements in locks for satchels, Held to
be void for want of novelty. *Roemer v. Neumann et al., 654.

64. ROOT-CABLE RAILWAYS.-Letters Patent No. 262, 126, granted August 1, 182,
to Henry Root, for an improvement in the construction of cable railways,
declared invalid by reason of public use more than two years prior to appli-
cation. Root v. Third Avenue Railroad Company, 371.

65. Rosenfield—Railway-CAR GATES.-Letters Patent No. 288,494, granted No-
vember 13, 1883, to complainant as assignee of William W. Rosenfield, for an
improvement in railway-car gates, Held to be void for want of patentable
novelty. *Aron v. The Manhattan Railway Company, 650.

66. ROYER-MACHINES FOR TREATING RAW HIDES.-Letters Patent No. 172,346,
granted to Herman Royer, January 18, 1876, for an improvement in machines
for treating raw hides, Held void for want of patentable novelty. *Royer v.
Roth et al., 682.

67. SAME.-In view of the testimony of complainant as to the difficulties encoun-
tered by him in satisfactorily producing the article now known as "fulled
rawhide," Held that if he invented anything patentable it consisted in some
process (not, however, alluded to in specification or claim) of treating the
hides to produce that article. *Id.

68. SAWYER AND MAN-ELECTRIC-LIGHT CARBONS-EXTENT OF CLAIM.-The
claims of Letters Patent No. 317,676 granted May 12, 1885, upon the applica-
tion of William E. Sawyer and Albon Man, to the Electro Dynamic Light
Company, for improvements in electric lamps (excluding the third claim,
which was not in issue), are substantially as follows: (1) A conductor of
carbon made of fibrous or textile material and of an arched form; (2) a con-
ductor of carbon made of fibrous material in a hermetically sealed chamber