Page:Federal Reporter, 1st Series, Volume 2.djvu/339

 332 FEDERAL REPORTEn. �to proTC a right to the use of the combination devices deseribed under the thirteenth claim of the plaintiffs' patent. �"Third. That it can be shown by expert testimony that the combination and devices claimed under the twelfth claim of the plaintiffs' patent were the essential features of the Morse telegraphie instruments, operated by Morse electrical circuit breakers, in use under the Morse patents since about the year 1845, and without which said combination and devices Morse telegraphie insti'uments and apparatus would have been practically useless and inoperative; that such combination of devices upon said Morse telegraphie appa- ratus have, since about the year 1845, been in general use in local or short electrical circuits as well as in longer main electrical circuits ; that said devices could not be made use of in combination with either long or short electrical circuits without infringing Morse's patents during their existence; that ever since the year 1840 there has existed, as generally understood by practical eleotricians, a material and essential difference in the use and functions of the devices deseribed under the twelfth and thirteenth claims of the plaintiffs' patent, upon Morse's electrical circuit breakers and tele- graphie instruments in use on longer main circuits, for tele- graphing, as compared with their use and functions upon Page's automatic circuit breakers, used in combination with an inductive or secondary circuit for applying electricity as a remediai agent ; and that, upon bringing in such testimony, it will more clearly appear that a distinction, under the deeree in this case, should be made, so that the defendant may be accorded the right to use the combination and devices de- seribed under the twelfth and thirteenth claims of the plain- tiffs' patent, when used in combination with a long or main circuit for telegraphing, without thereby becoming liable as having violated any injunction that may issue under said deeree. This petition is sigued only by the solicitor of record for the defendant in the suit, and is verified only by said solicitor to the effect that the defendant is a corporation, and he is its solicitor, and that the petition is true "of his beat knowledge, information and belief." ����