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PARTICULAR PATENTS-Continued.

of colors or dye-stuffs, construed, and Held to claim and to cover a process only. The case distinguished from Goodyear v. R. R. Co., (1 Fish. Pat. Cas., 626.) * L. Durand, Huguenin & Co. v. Green, Schulze-Berge & Koechlin, 291. 49. Krementz-Collar-Button—Novelty-VALID-Patent No. 298,303, issued May 6, 1884, to George Krementz, for a collar-button, examined and Held to cover a patentable invention. Krementz v. S. Cottle Company, 521. 50. KRICK-FLORAL LETTER OR DESIGN-LACK OF INVENTION-VOID-Letters Patent No. 408,416, dated August 6, 1889, issued to William C. Krick, for an improvement in floral letters or designs, consisting of a foundation having holes in it, combined with picks for holding the flowers in place, Held to be void for want of patentable novelty. * Krick v. Jansen, 459.

51. LAMPREY AND BUGBEE-FURNACE-MOUTH PROTECTOR-NOVELTY-VALIDIn the Lamprey and Bugbee patent, No. 421,588, February 18, 1890, for an improvement on their Patent No. 388,367, August 21, 1888, for a structure to prevent by circulation of water the burning out of furnace-mouths, the improvement covered by claims 1 and 2, consisting of the combination, with the appliance for circulation of water set forth in the earlier patent, of a steam-dome connecting therewith and pipes affording communication with the boiler, which averts the difficulty arising from the steam generated by allowing the steam to collect in the dome and pass from it into the boiler, involves patentable novelty and was not anticipated by the Sloane patent of May 16, 1882, No. 258,141, although that patent involved the same principle and accomplished the same results, nor by other devices previously known. * Lamprey Boiler Furnace Mouth Protector Company v. Economy Feed Water Heater Company, 553..

52. LORD-CASH REGISTER AND INDICATOR-PATENT VOID-NOT THE FIRST INVENTOR-Letters Patent No. 398,898, dated March 5, 1889, issued to Charles E. Lord, for an improvement in cash-registers, Held to be void for the reason that Charles A. Juengst was the first and original inventor of the devices, etc., covered by the patent. *National Cash Register Company et al. v. Lamson Consolidated Store Service Company, 283.

53. LYNCH-ELECTRIC-WIRE CONDUIT-VOID-WANT OF NOVELTY - Letters Patent No. 396,407, to John Lynch, issued January 22, 1889, for electric-wire conduit, examined and Held to be void for want of patentable novelty. *Browning v. Colorado Telephone Company, 451.

54. MADDOX AND HUMPHRIES FOLDING GATE-CONSTRUED-NO INFRINGEMENT-Letters Patent No. 213,119, issued March 11, 1879, to Maddox and Humphries, for an improvement in folding gates, examined and construed to be essentially for a picket gate sliding upon its support, and Held not to be infringed by a lazy-tongs gate with a single central support. Cornell v. Bataille, 441.

55. MERROW-CROCHETING-MACHINE-CONSTRUED

#

NOT INFRINGED - Letters

Patent No. 428,508, dated May 20, 1890, issned to Joseph M. Merrow, for a
crocheting and overseaming machine, construed and Held not to be infringed
by a machine which dispenses with the part known as the "finger."
maker et al. v. Merrow, 494.

Shoe

56. MILLER-ROAD-CART-PATENT NO. 371,090-VALID-Claims 1, 2, and 5 in Letters Patent No. 371,090, granted October 4, 1887, to Henry J. Miller, for an improvement in road-carts, examined and Held to be valid if confined to the particular form of longitudinal spring described. *Miller v. Murray, 461. 57. SAME-SAME-PATENT No. 459,098-CLAIMS 1 AND 2 VALID AND 7, 8, 9, AND 10 INVALID-Claims 1 and 2 of Letters Patent No. 459,098, granted September 8, 1891, to Henry J. Miller, for an improvement in road-carts, examined and Held to be valid if restricted closely to the precise combinations, and 10693 PAT-47

PARTICULAR PATENTS-Continued.

claims 7, 8, 9, and 10 of the same patent to be invalid for lack of patentable novelty. Id.

58. MILLS AND HERSHEY-HAIR-CRIMPER-PATENTABLE NOVELTY-MECHANICAL JUDGMENT-Claim 1 in Letters Patent No. 218,300, for an improvement in hair-crimpers, consisting of a non-elastic metallic core and a braided covering cemented to the core, issued August 5, 1879, to William Mills and Christian H. Hershey, examined in view of the state of the art, which disclosed that it was old to cement together a metal core, an inner covering of cotton, aud an outer braid of silk, and Held to be void as lacking in patentable novelty, it being a matter within the judgment of the maker whether the cement should be applied directly to the core, as is done in the claim, or to an inner covering of the core, as was done in the prior state of the art. * Giles et al. v. Heysinger et al., 113.

59. MORSE-DUST-COLLECTOR-PARTICULAR CLAIMS ADJUDICATED-Claims 1, 2, and 3 of Patent No. 403,362, dated May 14, claims 1 and 2 of Patent No. 403,363, dated May 21, claim 4 of Patent No. 403,770, and claims 1 and 2 of Patent No. 408,987, dated August 13, 1889, of Orville M. Morse, for improvements in dust-collectors, are all valid. Knickerbocker Company v. Rogers et al., 337.

60. NOYES-SIGNAL APPARATUS-VALID-Letters Patent Nos. 359,687, and 359,688 dated March 22, 1887, granted to B. J. Noyes, for improvements in municipal signal apparatus, examined in view of the state of the art and Held to be valid, Putnam, circuit judge, dissenting as to Patent No. 359,688, on the ground that it was void, because of the same invention as covered by Patent No. 359,687. *Gamewell Fire-Alarm Telegraph Company et al. v. Municipal Signal Company, 476.

61. PARK-AIR-BRAKE-INFRINGED-Claims 1 and 2 in Patent No. 393,784, issued December 4, 1888, to Harvey S. Park, for improvements in air-brakes, which include an emergency piston and valve, the latter being mechanically opened and closed by connection with the piston, Held not to be infringed by a device the piston of which does not hold the valve to its seat nor restore it to its place. *Westinghouse Air Brake Company v. New York Air Brake Company et al., 594.

62. PAYNTER-UNION FOR STEAM-PIPES-VALID AND INFRINGED-Patent No. 367,725, issued August 2, 1887, to Edward P. Paynter, Jr., for an improvement in unions for steam-pipes, examined in view of the state of the art and Held to be for a patentable invention, and infringed. *Devlin et al. v. Paynter et al., 656.

63. PRENTICE-DESIGN FOR A RADIATOR-LIMITATION-INFRINGEMENT-Patent to L. H. Prentice, No. 17,270, dated April 19, 1887, for a Design for a radiator, Held to be limited precisely to what is shown in the drawing. *Eclipse Manufacturing Company v. Holland, 541.

64. REECE-BUTTONHOLE SEWING-MACHINE — VALID AND INFRINGED-Claims 5, 11, 12, 13, and 18 of Patent No. 240,546, to John Reece, discussed and held valid and infringed. Reece Button-Hole Machine Company v. Globe ButtonHole Machine Company et al., 560.

65. RICE-BOOT AND SHOE SHANK-CONSTRUED-Patent No. 68,652, issued September 10, 1867, to Rice, for a boot and shoe shank, construed and Held to be for a shank composed of steel and leather or their equivalents fastened together. *Le Favour v. Rice, 540.

66. RUSK-ORE-CRUSHER-LACK OF INVENTION-VOID-Letters Patent to John H. Rusk, No. 110,397, dated December 20, 1870, for improvements in stonecrushers, Held to be void, on the ground that, the use of safety-pins for saving machinery from the strain of a sudden jar being old, their use for such a purpose, in connection with the driving-gear of a stone-crushing machino, is not patentable. Gates Iron Works v. Fraser et al., 304.

PARTICULAR PATENTS—Continued.

67. SAME-SAME-INFRINGEMENT-Rusk having expressly limited himself to a soft-metal safety-pin, and thus limited, the use of wooden safety-pins being old, there is no infringement by the use of a hard cast-iron pin. *Id.

68. SALADEE-ROAD-WAGON-ANTICIPATED-VOID-Patent No. 239,850, issued April 5, 1881, to C. W. Saladee, for an improvement in road-wagons, Held to be void as anticipated in view of the state of the art. "Olin et al. v. Timken, 645. 69. SAUNDERS-PIPE-CUTTER-LACK OF INVENTION-VOID-Claim 2 in Reissue Letters Patent No. 10,021, dated January 31, 1882, to Andrew Saunders, for a pipe-cutter, examined in view of the state of the art, and Held to be void for lack of invention, on the ground that there is no invention in placing antifriction-rollers in the jaw of a pipe-cutter having a rotary cutter, it already being old to so use rollers with a fixed cutter. * Saunders et al. v. Allen, 326.

70. SELDEN AND GRISWOLD-Waffle-IRON-INFRINGEMENT-Claims 1 and 2 of Patent No. 229,280, issued June 29, 1880, to Selden and Griswold, for an improvement in waffle-irons, consisting in the hinge connecting the parts of the pan, whereby one of the journals on which the pan rotates forms part of the hinge, while the opposite journal is formed on a divided handle, so that the pan opens in the same plane with its axis of rotation, examined and Held not to be restricted by the state of the art to the identical construction described, and therefore infringed by a waffle-iron making the hinge itself the journal. Griswold v. Harker et al., 535.

71. SHAPLEIGH-SAFETY CUT-OFF-INFRINGEMENT-Claims 1, 2, 4, 7, and 9 of Letters Patent No. 433,187, dated July 29, 1890, granted to Marshall S. Shapleigh, for a safety cut-off, Held to involve as an essential element terminals each provided with lateral supports and to be not infringed by a device materially different in structure from that speciñed in the claims. *Shapleigh v. Chester Electric Light and Power Company et al., 390.

72. SMITH-SPRING BED-VOID-PUBLIC USE-United States Letters Patent No. 269,242, issued December 19, 1882, to John G. Smith for improvement in spring-beds, is void, because the invention was in two years' public use before application for the patent. * Smith & Davis Manufacturing Company v. Mellon, 117.

73. SMITH-PROCESS OF CUTTING WOODEN PLATES-THERE BEING PRIOR PATENTS FOR THE PRODUCT AND MACHINE-VOID-Letters Patent No. 278,828, dated June 5, 1883, for the process of cutting wooden plates, issued to Seth H. Smith, Held to be void in view of Patents No, 273,773, dated March 13, 1883, for a wooden plate, and No. 276,198, dated April 24, 1883, for a machine for cutting it out, issued to said Smith, for the reason that after the patents for the product and machine there was no room for the patent for a process. Oral Wood Dish Company et al. v. Sandy Creek (New York) Wood Manufacturing Company, 216.

74. SAME-WOODEN PLATE-VALID-Patent No. 273,773, dated March 13, 1883, for a wooden plate, issued to Seth H. Smith, construed to refer only to a plate scooped from a block of wood by a revolving curved knife or its equivalent, and in view of the state of the art Held to be valid. *Id.

75. SAME-MACHINE FOR CUTTING WOODEN PLATES-VALID-Letters Patent No. 276,198, dated April 24, 1883, for a machine for cutting wooden plates, issued to Seth H. Smith, examined in view of the state of the art and Held to be valid. *Id.

76. SMITH-MACHINE FOR MIDDLINGS PURIFIERS-DEMURRER TO BILL OF COMPLAINT SETTING UP IDENTITY OF PATENTS TO PATENTEE SUED ON WITH EXPIRED PATENTS TO SAME PATENTEE SUSTAINED-Patents Nos. 187,923, 194,539,208,936, 236,101, and 258,142, issued to George T. Smith, for machines for middlings-purifier, examined in view of expired patents issued to him

PARTICULAR PATENTS-Continued.

disclosed in the bill and Held to be substantially identical there with and Held, further, to be invalid for that reason, (Miller v. Eagle Mnfg. Co., ante, 147; 66 O. G., 845; 151 U. S., 186; Oval Wood Dish Co. v. Sandy Creek Co., ante, 216; 66 O. G., 1895; 60 Fed. Rep., 285,) and demurrer sustained. Russell v. Kern, 635.

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77. STAHL-INCUBATOR-VALID-INFRINGEMENT-Letters Patent No. 368,249, dated August 16, 1887, to George H. Stahl, for an incubator, Held to be valid and infringed by the heater, pipes, and tank of defendants' incubator. *Stahl v. Ertel et al., 471.

78. STARKS AND FELLAND-MACHINE FOR TRANSPLANTING PLANTS-VALIDClaims 5 to 8, inclusive, of Letters Patent No. 486,200, granted November 5, 1892, to Starks and Felland, examined and Held to be valid. *Fuller f Johnson Manufacturing Company et al. v. Stevens et al., 446.

79. STEINER-CHEMICAL FIRE - EXTINGUISHER-ANALOGOUS USE-WANT OF NOVELTY-Claim 4 in Letters Patent No. 147,442, dated February 10, 1874, issued to John H. Steiner, for an improvement in chemical fire-engines, examined in view of the state of the art and Held to be void for want of novelty on the ground of analogous use. *Steiner Fire Extinguisher Company v. City of Adrian, 201.

80. STIRRAT-WATER-HEATING DEVICE FOR STOVES-INFRINGEMENT-Letters Patent No. 357,874, for a water-heating device for stoves and ranges, issued February 15, 1887, to Robert J. Stirrat and Robert G. Stirrat, construed, and Held to be restricted to a hollow long center in combination with the connecting-pipes, and Held, further, not to be infringed by Letters Patent No. 358,123, to O'Keefe and Filley, dated February 22, 1887, in which there is no hollow long center. *Stirrat et al. v. Excelsior Manufacturing Company, 341. 81. THOMSON-ELECTRIC WELDING-VALID-Patents Nos. 347,140 and 347,141, dated August 10, 1886, to Elihu Thomson, for improvements in electric welding, Held valid and infringed on motion for preliminary injunction and injunction granted. *Thomson Electric Welding Company v. Two Rivers Manufacturing Company et al., 632.

82. TIBBE-CORNCOB PIPE-INFRINGEMENT-VALID-Letters Patent No. 208,816, granted July 9, 1878, to Henry Tibbe, for a corncob pipe having its exterior interstices filled with a plastic self-hardening mass, which rendered the pipe durable and efficient, Held to be valid and infringed by a corncob pipe having the interstices filled with a mixture consisting of finely pulverized cornmeal and liquid shellac. H. Tibbe & Son Manufacturing Company v. Missouri Cob Pipe Company et al., 482.

83. TILTON AND STIVERS-REISSUE-VEHICLE-SPRING-NEW

MATTER-VOID—

Reissue Patent No. 9,542, dated January 25, 1881, of patent No. 157,430, to Tilton and Stivers, for springs for vehicles, Held to be void as introducing matter not in the original. *Olin et al. v. Timken, 645.

84. TIMKEN-CARRIAGE-SPRING-LACK OF INVENTION-VOID-Patent No. 197,689, issued November 27, 1877, to Henry Timken, for an improvement in carriagesprings, Held to be void for want of invention, the device therein secured involving, in view of the prior art, nothing more than mechanical skill. *Id. 85. TRAVER-STITCH-BREAKING AND RAVELING ATTACHMENT-VALID-Patent No. 431,957, dated July 8, 1890, to A. L. Traver, for a stitch-breaking and raveling attachment for machines for sewing looped fabrics, examined and Held to be valid. Traver v. Brown, 629.

86. WALKER AND EASTMAN-ROLL-HOLDER FOR PHOTOGRAPHIC FILMS-Patent No. 317,049, issued May 5, 1885, to Walker and Eastman, for an improvement in roll-holders for photographic films, the improvement consisting in inserting a spring in the reel on which the film of sensitized paper is wound, in

PARTICULAR PATENTS—Continued.

order to preserve the film under tension, examined and Held to cover a patentable improvement and not anticipated by a map-rack, and its third, twenty-sixth, twenty-ninth, thirtieth, thirty-first, and thirty-second claims infringed by a device substantially like it, though modified in some particulars. *Eastman Company v. Blair Camera Company, 528.

87. WALL AND OTHERS-PROCESS OF FUMIGATING TREES AND OTHER PLANTSVOID-Letters Patent No. 445,342, issued January 27, 1891, to W. B. Wall, M. S. Jones, and A. D. Bishop, for a process of fumigating trees and other plants, Held to be void for want of novelty. *Wall et al. v. Leck, 457.

88. WATSON-INDEX-VALID-Letters Patent No. 461,787, granted October 20,1891, to Montgomery H. Watson, for an improvement in indexes to be used in connection with books in which are recorded the names of individuals and facts or transactions connected therewith, Held to be for a patentable subjectmatter within the term "manufacture" as used in the patent laws. *Johnson et al. v. Johnston, 331.

89. WESTINGHOUSE, JR.-No. 376,837-FLUID PRESSURE AUTOMATIC BRAKE MECHANISM-INFRINGEMENT-Claims 1, 2, and 3 of Patent No. 376,837, issued January 24, 1888, to George Westinghouse, Jr., for improvements in fluidpressure automatic-brake mechanism, which consists in actuating the emergency devices by a piston independent of and unconnected with the triplevalve piston and actuated by auxiliary-reservoir pressure, Held to be infringed by a device which uses two pistons, one of which is forced down by auxiliaryreservoir pressure, but does not act directly upon the emergency-valve, and claims 1 and 3, not embracing an additional valve, as claim 2 does, are also infringed by a device in which the initially check-operating piston actuates the emergency-valve directly. *Westinghouse Air Brake Company v. New York Air Brake Company et al., 594.

90. SAME-No. 448,827-AIR-BRAKE-VOID-AS BEING for the SAME INVENTION AS No. 376,837 TO PATENTEE-Claims 1 and 2 in Patent No. 448,827, issued March 24, 1891, to George Westinghouse, Jr., for improvements in air-brakes, Held to be void, on the ground that, in view of the state of the art, there was no patentable invention in their subject-matter apart from the invention shown in Patent No. 376,837, issued to the same patentee. *Id. 91. SAME-No. 172,064-AIR-BRAKE VALVES-NOT INFRINGED-Claim 3 in Patent No. 172,064, issued January 11, 1876, to George Westinghouse, Jr., for improvements in air-brake valves, which must include a port through the center of the piston, Held not infringed by a combination of old elements which employs a piston with a side port. *Id.

92. SAME-No. 222,803-OPERATING COCK FOR FLUID-PRESSURE BRAKES-PIONEER INVENTION-INFRINGED-Claims 2, 3, and 4 of Patent No. 222,803, issued December 23, 1879, to George Westinghouse, Jr., for improvements in operating cocks for fluid-pressure brakes, which provides for operating both the supply and exhaust valves by a single stem, that only one can be opened at once, that either may be opened separately and both closed simultaneousy and automatically, Held to cover a pioneer invention and infringed by a device which accomplishes the same result, though it is specifically different from that shown in the patent. *Id.

93. WOLLENSAK-TRANSOM-LIFTFR-REISSUE

No. 9,307 VOID FOR WANT OF PATENTABLE NOVELTY-Reissue Letters Patent No. 9,307, dated July 20, 1880, issued to John F. Wollensak, for an improvement in transom-lifters, Held to be void for want of patentable novelty, in view of Letters Patent No. 79,541, dated July 7, 1868, issued to Bayley and McCluskey, for an improvement in transom-openers. (Aron v. Manhattan Ry. Co., C. D., 1889, 650; 49 O. G., 1365; 132 U. S., 84.) *Wollensak v. Sargent & Company, 164.

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