Page:Federal Reporter, 1st Series, Volume 10.djvu/686

 &Te FEDERAL REPORTES. �1876, for an improvement in gas stoves; the original patent, No. 49^469, having been granted August 16, 1865, to Elijah J. Caldwell and Alexander M. Lesley, on the invention of said Caldwell. Among other defonces, defendants deny iufringement. �The patent has four claims, the first, second, and foiirth of which only are claimed to be infringed. AU of them are for combinations of parts. The combination of the first claim is of a perforated dia- phragm, through which air and gas pass and become mixed, a cham- ber between the diaphragm and outlet, and an annular outlet consist- ing of a series of perforations, through which the material passes from the burner. That of the second claim is of a gas supply-pipe, an air cylinder, a perforated diaphragm above them, through which the air and gas pass, a cap above the diaphragm, and an annular outlet below the top of the cap. And that of the fourth claim is of a later- ally-projecting iiange, overhanging the outlet, with a burner contain- iug the parts mentioned in the other claims. From all the evidence in the case, it satisfactorily appears that none of these parts by them- selves were new to these purposes, except the laterally-projecting flange. The perforations of no annular series had been placed so closely together, probably, as Caldwell placed them, but such series had been made before, and it was mere workmanship, not invention, to make them thicker if they were needed thicker. Perhaps the com- bination of the flange around the top with the rest of a burner made a new burner, and a new combination in a burner, so as to be patent- able; but, if so, the patent would properly coveronly the precise form of burner so made, including the flange, and the flange itself, as a part of the patented combination or patented burner. Hence, the patent would not be infringed but by that exact form of burner throughout, or by such a flange with some other form of humer, Sharp V. Tifft, C. G. S. D. N. Y. Oct. term, 1879. The defendants are not shown to have used either that form of burner or the flange with any other form ; therefore, the patent cannot be upheld to an extent broad enough to make what they have done an infringement. �Let the bill be dismissed, with costs. �See 2 FED. Kep. 697. ��� �