Page:Federal Reporter, 1st Series, Volume 10.djvu/680

 668 FEDERAL REPORTER. �ing, and using it, in such full, clear, and exact terms as to euable auy person skilled in the art or science to which it appertains to make, construct, and use tiie same; nor is there explained in or by said spec- ifications the principle of the alleged invention, and the best mode in which said Votti has contemplated applying that principle, so as to distinguish it from other inventions, and that, therefore, the patent is void. �In the specification nothing is said as to the shape or size of the parts, or proportion of the parts, of the shade, C. Nothing is said about it except to call it a globe or shade, and to designate is as C, by a letter of reference to the drawings. Nothing is said as to the diameter of the contraction at the narrowest part of it, near its top, as compared with the diameter of the socket, c, of the shade-holder; and nothing as to its height, or as to the degree of flare of the shade- holder. These things are shown by the evidence to be material in constructing an arrangement of the kind, which will give as good a light as with the use of a ehimney. The object of the arrangement is stated in the specification to be to use an ordinary burner, with- ont a ehimney, and to dispense with the ordinary ehimney. This can only mean that as good a light is to be produced without as with a ehimney. The meaning of the words "a bright flame," in their contest, is, as bright a flame as the ehimney will produce. The meaning of the expression, that "the ordinary burner will perform the required functions without the use of a ehimney," is that the ordinary burner will give as much light without the use of a ehim- ney. This is to be done by having "the shade-holder and shade arranged as shown and described," yet the features of construction, and shape and size and proportions of the shade, are not set forth. So, too, in claim 1, "a shade or globe arranged and constructed sub- stantially as described," is spoken of, yet nothing is described as to the construction of fcbe shade. It is true that, by looking at C, in the drawings, a shade of a certain form is shown. But the draw- ings are not said to be on a scale. Looking at the drawings, and making a shade from them, gives but one form of shade, at most, and there is no statement of the principle which is to govern the con- struction of the shade as to size and proportions. It is shown that a shade made, as nearly as can be ascertaiiied, of the form and pro- portions shown in the drawings, will cause tiie buriier to give light to 3ome degree, but by no meaiis to the saine degree as the ordinary ehimney will with the same burner. It is not the shade of the draw- ings that has been made and sold by the plaiutiff under the patent, ��� �