Page:Federal Reporter, 1st Series, Volume 1.djvu/862

 854 FEDBEAL REPORTER. �videre Eailroad Company, at or near the eastern part of the city of Trenton, for the purpose of unloading coal from rail- ■way cars into the holds of vessels on the canal, and hence, standing alone, it must be pronounced Yoid for embracing too much. Nor does the patentee claim that these elements, in themselves, are new, as bis cross-examination abundantly shows. I iind the following questions and answers on page 43 of his testimony, (Complainant's Eec, fol. 1110 :) �QuestÀon. "Do you claim, as an original invention of yours, a telescopic tubing or chutes, independant of any connection such chutes or tubes may bave with the mouth-piece?" An- swer. "I only claim them in combination with a mouth-piece or spout, or attaehed to a cart or wagon." �Q. "Do you claim, as an invention of yours, the valve or gate, except when the same is used in combination with a chute, or tube, and the mouth-piece ?" A. "I do not." �And at folio 1140: �Q. "Do you claim, as your invention, the mechanical con- trivance of tubes or chutes, attaehed to an open mouth or mouth-piece, irrespective of the connection or non-connection of the mouth-piece with the cart or wagon." A. "I claim the whole combination for the purpose of unloading coal or other material. " �Q. "Combination composed of what elements?" -4. "Com- posed of one or more extension chutes or tubes, attaehed to the mouth-piece or spout on a wagon or cart." �Q. "Do each of these elements necessarily enter into and form a part of, and, when aggregated, complete your inven- tion?" A. "They do, in connection with the gate or valve." �Q. "Do you claim that any one of these elements, separated from the others, is novel?" A. "I do not think they are, but only in combination." �Q. "I understand you to daim that the combination of them ail is novel ; ami correct?" A. "You are." �AUowing the patentee, then, to explain his invention — and tuming to the patent we find three separate claims for the three constituents of the combination, which he confesses are not new, but no claim for the combination itself — I know of ��� �