Roberts v. Ryer. Judge HALL did not concur in the foregoing opinion, but came to the conclusion that the defendants were entitled to judgment on the demurrer. (See his opinion, 12 Int. Rev. Record, 94.) The case was then certified to the Supreme. Court, upon a difference of opinion. In that Court, the bond was held valid, in affirmance of the conclusion of Judge WOODRUFF, and, on the return of the mandate, judgment for the plaintiffs, on the demurrer, was ordered. William Dorsheimer (District Attorney,) for the plaintiffs. GEORGE C. ROBERTS vs. WILLIAM F. RYER. IN EQUITY. The reissued letters patent granted, April 21st, 1857, to D. W. C. Sanford, for an "improvement in refrigerators," and extended, October 20th, 1869, for seven years from the 13th of November, 1869, the original patent having been granted to Sanford, as inventor, November 13th, 1855, are void, for want of novelty. The first claim of such reissue is a claim to a combination of three elements: (1) An open-bottomed ice-box, constructed in such manner that, by the perforation of holes in the sides and bottom of the box, the air will pass freely down through, and in contact with, the ice in the box, so that it can fall directly from the ice upon articles to be refrigerated; (2) A dividing partition, open above and below, so placed in relation to such ice-box that, by means of self-operating internal circulation, in a closed refrigerator, the whole of the contained air shall be kept in motion, and caused to revolve around such partition, in currents moving downwards only on one side of such partition, and upwards only on the other side; (3) A chamber for the refrigeration of food or provisions, placed directly under the ice-box, whether there are shelves or fixtures, in such chamber, to hold the articles in the descending current directly under the open-bottomed ice-box, or whether such articles are placed in such current, in such chamber, directly under the open-bottomed ice-box, Roberts v. Ryer. not by means of shelves or fixtures placed there, but by being suspended there, or placed on the floor, or otherwise kept in position. The second claim of such reissue is a claim to a combination of three elements, namely, the first and third elements of the first claim, combined with the described arrangement for carrying off the water, whereby the cold air can fall directly down upon articles to be refrigerated, while the water is prevented from dripping into the apartment. The invention of Azel S. Lyman, set forth in his caveat, filed August 20th, 1852, and perfected by him prior to 1855, and described in his application for a patent, of September 21st, 1854, and covered by the patent granted to him March 25th, 1856, embraces everything claimed in the reissued patent of Sanford. (Before BLATCHFORD, J., Southern District of New York, March 18th, 1873.) BLATCHFORD, J. This suit is brought on reissued letters patent granted, April 21st, 1857, to D. W. C. Sanford, for an "improvement in refrigerators," the original patent having been granted to Sanford, as inventor, November 13th, 1855, and the patent, as reissued, having been extended, October 20th, 1869, for seven years from the 13th of November, 1869. The reissued patent has three figures of drawings, which are referred to in the specification annexed to it, figure 1 being "a perspective view, exhibiting the interior of the refrigerator," figure 2 "a vertical middle section," and figure 3 “a perspective of a smaller-sized refrigerator, with one of the apartments contracted." The specification says: "My invention consists of an improvement in refrigerators, whereby the whole of the contained air is kept in continual rotation, purification, desiccation, and refrigeration, and with economy of ice. The circulation of the air of my refrigerator is entirely confined, and consists of a continuous movement or rotation of the air confined within the apartment, without any communication with the external air, except when it becomes unavoidable from opening the refrigerator. I have found, for purification, that external air is not necessary, and it is obvious, that any arrangement by which a current of external air, after being cooled, is passed through the refrigerator, must be attended with a great consumption of ice, and that any arrangement which admits of stagnation of air in N Roberts v. Ryer. any part of the refrigerator, and does not compel circulation of air throughout the entire apartments, is highly objectionable. Both of these conditions I have avoided, as will be seen from the following description." Then follows the description, with reference to the drawings. Within a suitable casing a partition is inserted, with an opening over the partition, at its top, and an opening under it, at its bottom, so that there is free communication between the two apartments formed by the partition. The drawings show the partition as being vertical, and the openings as being of little vertical height. At a high point in one of the apartments an ice receptacle is placed. This receptacle is perforated on the sides and bottom, so as to allow free passage of air through, and in contact with, the ice. The ice is prevented from coming into contact with the sides of the receptacle, by projections indicated, which, in this case, are stated to be made by punching the holes in such a way that a portion of the metal is protruded. The bottom of the ice receptacle is funnel-shaped, so as to conduct the water of the melting ice to a central discharge, whence it falls into the cup or flaring end of an escape pipe, which passes directly out through the side of the refrigerator. It is stated to be important that the escape pipe should occupy as little room as possible, in order not to obstruct the motion of the air. The shelves in the two apartments are perforated, to allow of the free transit of air. The apartment above which is the ice receptacle is designated as apartment C. The apartment on the other side of the partition is designated as apartment D. The opening at the top of the partition is designated as B`, and the opening at its bottom as B. The specification then proceeds: "When the ice is placed in its receptacle, and the refrigerator closed, the whole of the contained air will be set in motion, and continue to circulate or revolve as long as there is any ice, or refrigerating material, in the receptacle. The operation is as follows: The denser air in contact with the ice and walls of the receptacle descends, and its place is immediately supplied with warmer air from apartment D, through the opening B. Roberts v. Ryer. The denser air, descending through the entire apartment C, and passing through the opening B, keeps up a continual displacement of the whole of the contained air of the refrigerator. The apartment D has a higher temperature than apartment C, and the temperature varies, with a gradual rise from the time the air leaves the receptacle until it arrives at the upper part of apartment D. It is evident, that the rotation of the air will continue until the ice is melted, and an equilibrium of temperature takes place throughout the entire refrigerator. As the air passes through the apartments it imbibes moisture from fruits, vegetables, meats, and other articles, and, when it comes into contact with ice, its capacity for moisture is diminished by condensation, and the moisture is condensed upon the ice and passes off with the waste water. The circulating air thus being continually desiccated, every part of the apartments is kept from mould and dampness. The exhalations and odor of meat and other articles are also precipitated upon the ice with the condensed vapor, and thus the entire apartments are kept sweet. [It is well known that mould will not generate in a current of air, and it is known, that, when once formed, it propagates itself and spreads with rapidity. Therefore, if any one part of the refrigerator be out of the direct course of circulation, the air will stagnate there and develop mould, which will contaminate the whole apartment. The apartment D may vary in width, and it may be, as shown in figure 3, so narrow as to serve merely as a passage for the ascending current of air, the greatest benefit being always derived from the downward current in apartment C. I am aware, that various devices have long since been known for causing the internal circulation of air in apartments of houses and refrigerators, but I am not aware, that, in any instance, a complete and continued rotation, purification, desiccation, and refrigeration of the whole of the contained air of a refrigerator has been compelled under the same arrangement as in my improvement. Therefore, what I claim, as my improvement in refrigerators, is the employment of an open-bottom ice-box, or equivalent Roberts v. Ryer. thereof, in combination with a dividing partition, open above and below, so placed, that, by means of self-operating internal circulation, the whole of the contained air shall be kept in motion, and caused to revolve around this partition in currents moving downwards only on one side of this partition, and upwards only on the other side, when the same is combined with chamber, for the refrigeration of food or provisions, placed directly under said ice-box, as set forth. I do not claim, by itself, a partition dividing vertically one compartment of a refrigerator from another, nor do I claim placing articles to be refrigerated in a descending current of air, but I do claim placing shelves, or fixtures, for holding articles to be refrigerated, or the articles themselves, in the descending current directly under an open-bottom ice-box, in combination with a dividing partition, open above and below, as set forth. I claim, in combination with said shelves or fixtures, so placed, constructing the open bottom of the ice-box in such manner that the air may pass freely down through the same, and fall directly from the ice upon the articles to be refrigerated, while, at the same time, the drip of the water is prevented, as set forth.]" The figures 1 and 2, in the figures of drawings in the reissued patent, represent the vertical partition as in the middle of the width of the refrigerator. Figure 3 represents the apartment C, under the ice receptacle, as occupying nearly the entire width of the refrigerator, and the apartment D as a mere flue, without shelves, and too narrow for any other use. Figure 1 represents the shelves in each apartment as constructed of parallel rods, each rod as long as the width of the apartment, and parallel with the width of the refrigerator. There are, in figure 2, arrows, pointing vertically downwards, in apartment C, and vertically upwards in apartment D, indicating the course of the air. In the drawings of the original patent, there are but two figures. In each of them, the vertical partition is in the middle of the width of the refrigerator. The shelves, in figure 1, are represented as, each of them, one-half of it, in a direction parallel with the width of the refrigerator, solid, |