Page:Federal Reporter, 1st Series, Volume 2.djvu/342

 PAGE V. HOLMES BtJBaLAB AIjABM TEL. 00. 835 �that the defence was imperfectly presentee! in varions particu- lars which are set forth in the petition, in that the defendant could have proved various matters which it did not prove, and which it is alleged would afifect the novelty and validity of the eleventh, twelfth and thirteenth claims of the plaio- tiff's patent ; (2) that this suit is against a defendant which has no interest in using long or main circuits, and does not use a telegraph Une; (3) that the defendant in this suit had practically, after the suit was hrought, lost ail interest in the controversy by reason of its having ceased, exeept to a small extent, to make the machines complainedof; (4) that the decision in this case ought not to be extended to any apparatus used for telegraphing in long or main circuits ; (5) that the eleventh, twelfth and thirteenth claims of the plaintiffs' re-issued patent ought to be confined to combinations of which an automatic circuit breaker is a part. �The petitioners pray to be allowed to e|xhibit to the court the machine made by Mr. Hall, (before mentioned,) and the Morse model instrument, (before mentioned,) and one of the machines now, and for many years past, used by the peti- tioners in telegraphing, so that it may be seen that the ma- chine used by the petitioners, and that made by Mr. Hall, and that used by Professer Morse, are alike in their essential parts, and have, ail of them, the devices mentioned in the elev- enth, twelfth and thirteenth claims of the plaintiffs' re-issued patent; and that the judgment to be entered herein may be qualified by the following or other equivalent provision, name- ly : "Butnothing in this judgment, or in the opinion or decis- ion of the court in this cause, is to be deemed to relate to any aparatus, device or appliance other than such as is worked on short circuits, for medical or alarm purposes, and containing an automatic circuit breaker," or that the judgment may be iimited in some other manner so as not to affect the petition- ers. On the hearing it was stated by the counsel for the petitioners that they would be content with the following qualification : "Provided, however, that nothing in this decis- ion or judgment shall be deemed to affect or relate to the right of any company or person to use, in telegraphy, the ����