Page:Federal Reporter, 1st Series, Volume 10.djvu/303

 WBITK t>. HEATO. 291 �solntion of camphor iu any thing which would dissolve it, would be a Boivent of xyloidine. Of the eight mixtares mentioned as solvents of xyloidine, camphor is in only five. The disoovery is that the mix- tures named are the solvents. If the wood alcohol used by the de- fendant is of itself a solvant of xyloidine, and is the same thing knovra as a soivent of it, under the name of wood naphtha, at the date of Parke's patent No. 1,313, the defendant may use it in con- junction with camphor, because such use is made known in No. 1,313. If such wood alcohol is a new article, discovered since the plaintiff'a invention, it may be used by the defendant, because the patent covers only the use of alcohol or spirits of wine with camphor ; and such new article is not alcohol or spirits of wine, and is not within the claim. The claim does not cover anything which may be discovered subseqiiently to effect, in oonjunction with camphor, as good a resuit in dissolving xyloidine as the use of alcohol or spirits of wine in oonjunction with camphor. And even thongh the defend- ant's wood alcohol be methyl alcohol, and an article knowu by that name before the plaintiS's invention, it cannot be held that the plaintiff discovered the usefulness of it in conjunction with camphor to dissolve xyloidine, because his patent is expressly limited to that aloohol which is spirits of wine, and that is not methyl alcohol. The motion is deuied, with costs. ���WmTE and others v. Heath. {Oircuii Court, D. Bhoi» lAand.) �L Patent— ImmniGBMENT. �Changes in the deuils of construction of a patented article may be patenta- ble as improvements, but they will not protect the party against the charge of an infringement of the original patent. 2, Bame — Injunction. �Where the validity of the original patent is not questioned by the defendant, capital has been invested in its manufacture, a successful business established, large and numerous sales have taken place without dispute, and exclusive pos- session is shotvn for gome time, a preliminary injunction will be granted. �In Equity. Petition for preliminary injunction. Wilmarth H, Thurston, for complainants. Wwrren B. Pirce, for defendant. ��� �