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may likewise constitute the support for the bottom of the vessel, B, and there will be an intervening chamber, B', between the sides of the vessel, B, and its inclosing vessel, A, and the sides of the vessel, A, will extend up one or two inches (more or less) above the top of the vessel, B. While in use, the annular chamber, B', will be filled with water, and water will also cover the top of the vessel, B, which said vessel and its contained fluid will thereby be always kept at a low temperature, and accident from the ignition or explosion of the oil or hydro-carbon will thus be rendered impossible by this water cov ering. A tube, b, extends from the vessel, B, up through one of the perforations or apertures, a1, and serves as a means of filling the vessel, B. A suitable screw-cap closes the top end of this tube. A pipe or valve, a2, leads from the chamber, B', to the outside of, A, for the purpose of drawing of the

water when it becomes heated, or when the occasion requires it. Water may easily be poured into the vessel, A, through the apertures, a1.

"The wick-tubes, D, are attached to the top of the vessel, B, and the wick used to conduct the oil from B to the flame is operated in the usual manner of illuminating lamps. The rollers for moving the wicks up and down are inclosed in casings or housings, E, and are operated by the thumb-wheels, F, the stems, f, of which pass through tubes, E', that are attached tightly to the ends of the housings, E, and pass through the side of the vessel, A. Care must be taken to have all of the parts of D, E, E' that lie within the waterway of A perfectly water-tight, so as to prevent the leakage of the water either into the vessel, B, or outside of A.

"The hot-air cylinder, C, is preferably built of sheet-metal, and is hinged to its base-plate, A', by the hinge, c, at the back side of the stove, so as to permit the top parts of the stove to be tipped back, out of the way of trimming the wicks, or for other purposes. A finely-perforated diaphragm, G, covers the central opening of the base-plate, A', below the hot-air cylinder, for the purpose of properly controlling the air currents that pass up from the chamber of A into the hot-air cylinder. A diaphragm, H, within the hot-air cylinder, C, and near its base, is fixed, by riveting or otherwise, to the sides of the said cylinder. Portions of this diaphragm are formed into conical flame-caps, h, for controlling and confining the flame within its proper limits in a manner similar to that in common use in illuminating lamps.

"Above the diaphragms, H, tubes or chimneys, I, confine the hot gasses and products of combustion from the flames of the burners within proper limits for the efficient action of the burners. These tubes or chimneys, I, extend from the diaphragm, H, to the top of the hot-air cylinder, and are preferably made of sheet-metal. The shell of the hot-air cylinder, C, forms one side of each of these chimneys, and in this side, which is common to both the cylinder and the chimney, a small mica window, K, is placed, so as to enable the operator, from without, to see and regulate the flame of the burners by turning the thumb-wheel, F, as required. For simplicity of construction I cut apertures in the side of the hot-air cylinder, suitable for the windows, K, and through these apertures portions of the metal of the chimney-plates are extended, which said portions are bent over in the form of grooves, k, as in Figs. 1 and 2, for the reception of the mica plates that are to form the windows. "The top of the hot-air cylinder is covered with a cast-metal plate, L, that serves as a rest for whatever vessel is to be heated on this stove. The plate, L, is perforated with apertures over the chimneys, and also over the hot-wells of the cylinder, C, as well as in the portions lying outside of the cylinder: thus permitting all of the heat generated to reach the vessel on top of the plate, L, and thereby be utilized. The intense heat imparted to the plates of the chimneys, I, and plate, L, and reflected thence back upon the hot gases passing through and about these parts, will be quite sufficient to consume all of the smoke, and there will, in consequence, be no emission of unpleasant odors from imperfect combustion. The top surface of the plate, L, is provided with ridges, 7, that keep the vessels placed thereon from obstructing the openings in the said plate.'

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The claims are these:

"(1) The water vessel, A, with its perforated top plate, A', and hot-air cylinder, C, hinged at c to plate A', and top perforated plate, L, all arranged and connected together substantially as and for the purpose set forth.

"(2) The chimneys, I, having one of their sides formed by the hot-air cylinder, C, to which they are connected by the groove-clips, k, that also receive the mica windows, K, as and for the purpose set forth."

It is contended that the defendants infringe the first claim. The circuit court dismissed the bill, (15 Fed. Rep. 919,) holding that there was no infringement. The plaintiff has appealed.

One of the elements in the first claim is the "perforated top plate, A'," being the top plate to the water vessel, A. It is described as annular in form, if the stove is cylindrical, with a central opening. The specification then says: "Concentrically arranged around this central opening is a series of perforations, a', through which atmospheric air passes down into the top part of the vessel, A, and thence up through the hot-air cylinder and its chimneys." In the defendants' stove the hot-air cylinder rests on three equidistant struts, which extend from the base of the cylinder to the wall of the water chamber, and thus the weight of the cylinder, and of the utensils upon it, is thrown against such wall, instead of on the bottom of the water chamber. Of course, there is an open space between every two of the struts, through which spaces air passes freely. The circuit court held that the arrangement of the three struts was not the plaintiff's perforated top plate, A', because the struts did, not perform the office which required the plate with perforations; that office being, as described in the specification, to cause the air to pass "down into the top part of the vessel, A, and thence up through the hot-air cylinder and its chimneys." We are of opinion that the first claim of the plaintiff's patent must be confined to the use of a perforated top plate to the cylinder having the functions and mode of operation set forth in the specification, and that, as the defendants do not have such a perforated top plate, or any equivalent for it, they do not infringe. Decree affirmed.

(119 U. S. 664)

HARTSHORN v. SAGINAW BARREL Co. and others.
(January 10, 1887.)

1. PATENTS For Inventions—INFRINGEMENT-MISTAKE-REISSUE No. 7,370-REISSUE NO. 7,367-IMPROVED SHADE-ROLLERS.

Patents No. 68,502, dated September 3, 1867, to Stewart Hartshorn, and No. 69,176, dated September 24, 1867, to William Campbell, were for improvements in shade-rollers. The patents were obtained through the same attorney, all parties believing that Hartshorn was the prior inventor of the main principle, and Campbell of an improvement. In 1873 it was discovered that Canipbell was the prior inventor. Accordingly, when Hartshorn's reissue No. 7,370 was made, October 31, 1876, it was limited to the specific device, and disclaimed the general principle, and when Campbell's reissue No. 7,367, dated October 31, 1876, was made, it was enlarged to cover the general principle. In suit for infringement of both patents, held, that the general principle could not be infringed because the Hartshorn reissue disclaimed it, and the Campbell reissue was not a valid patenting of it. 2. SAME-NOVELTY-PATENT No. 69,189, FOR IMPROVED SHADE-ROLLERS.

Patent No. 69,189, dated September 24, 1867, to Jacob David, for improvements in shade-rollers, specified merely an arm moving to and from the center of the roller by means of gravity and centrifugal force, and the combination of the spring, arm, and rod at one end of the roller, so that the roller could be cut off at the other end, and made of any length. The claim omitted to specify that it operated by the arm falling in a ratchet in the bracket shown in the claim. In a suit for infringement, held, that there being no novelty in the combination of the apparatus at the end of the roller, because this was in the Hartshorn patent, and the specification limiting the patent to the specific device which was that of the arm on the roller and the ratchet on the bracket, while in defendant's device both arm and ratchet were on the roller, and the rod in it, there was no infringement.

Appeal from the Circuit Court of the United States for the Eastern District of Michigan.

James T. Law, for appellant, Hartshorn. C. J. Hunt, for appellees, Saginaw Barrel Co. and others.

MATTHEWS, J. This is an appeal from a decree of the circuit court dismissing the complainant's bill, which was a bill in equity for the purpose of enjoining the alleged infringement of three several letters patent for improvements in shade-rollers, designated as follows: (1) Reissued patent No. 7,370, dated October 31, 1876, granted to the complainant, called the "Hartshorn

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water when it becomes heated, or when the occasion! easily be poured into the vessel, A, through the aper "The wick-tubes, D, are attached to the top of th used to conduct the oil from B to the flame is oper of illuminating lamps. The rollers for moving t inclosed in casings or housings, E, and are operat the stems,, of which pass through tubes, E', th ends of the housings, E, and pass through the must be taken to have all of the parts of D, E way of A perfectly water-tight, so as to prevent into the vessel, B, or outside of A.

"The hot-air cylinder, C, is preferably bui to its base-plate, A', by the hinge, c, at the permit the top parts of the stove to be tip ming the wicks, or for other purposes. covers the central opening of the base-pl. for the purpose of properly controlling th chamber of A into the hot-air cylinder. cylinder, C, and near its base, is fixed, of the said cylinder. Portions of this flame-caps, h, for controlling and conf in a manner similar to that in comm

"Above the diaphragms, H, tubes products of combustion from the f! for the efficient action of the burne from the diaphragm, H, to the top made of sheet-metal. The shell of each of these chimneys, and in thi der and the chimney, a small mi operator, from without, to see a ing the thumb-wheel, F, as re apertures in the side of the hot through these apertures port tended, which said portions a 1 and 2, for the reception of "The top of the hot-air c serves as a rest for whatev L, is perforated with aper of the cylinder, C, as w thus permitting all of plate, L, and thereby b the chimneys, I, and p passing through and a of the smoke, and the odors from imperfect with ridges, l, that ings in the said plat The claims are the "(1) The water inder, C, hinged at connected together "(2) The chimn inder, C, to which the mica windows It is contended court dismissed t fringement. The

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HARTSHORN v. SAGINAW BARREL CO.

423

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forms the end of the said hollow roller, B, and forms its shaft, D, are formed two holes leading, upon opposite sides, convex surface to a little at one side of its center, as shown in Her ends of these holes are countersunk, as shown. The two opmshaft, D, within the block or part, b', are flattened or notched, g. 2. F are two pins or bolts, the bodies of which fit into the ck, b', and their heads fit into the countersunk parts of said its or pins, F, are of such a length that, when their heads rest

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nst the case or shell of the roller, B, their points may be free from the , D; and, when their heads rest upon the bottom of the countersunk part he said holes, their inner ends or points may overlap the flattened sides of shaft, D, so as to bind said shaft, and prevent its revolution. Whenever shaft, D, is drawn down, or allowed to run up, with a little rapidity, the atrifugal force engendered by the revolution of the roller, B, projects the as, F, outward, so that their heads rest against the case or shell of the roller, leaving the block, b', free to revolve upon the shaft, D; but, when the moof the roller, B. is checked, the pin. F. that happens to be uppermost,

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