Page:Federal Reporter, 1st Series, Volume 2.djvu/361

 85e rSDEBAL BBPOBTIB. �Charles F. Blake, for plaintiflf. �Edwards. Phelps, Walter G. Dimton and Aldaee F. W'alker, for defendants. �Wheeleb, D. J. These causes haye been heard upon mo- tions of the plaintiff for attachments for contempt for viola- tion of the injunctions therein. The patent on whioh the Buits are brought has been sustained for a continuously revolving and progressive boring head, anned -with dia- monds for cutting rock, having a hollow central drill-rod, tbrough -which water is carried to the cutting diamonds, com- bined and forming a part of a machine to be suitably con- Btructed for imparting the motion. The injunction restrains the use of machines made in the infringement of the patent during its term, which has now expired. The defendants are using machines made during the term of the patent, ■which carry boring heads and drill-rods made since the patent expired, according to its specifications. The patented de- vices are themselves a machine to be operated by other machinery, Connecting them with propelling power not de- Bcrihed in the patent. �The claims of the patent do not cover, nor show any attempt to cover, any combination of these cutting devices with the propelling machinery. A patent for a combination of new elements with old may secure the new elements by them- selves as well as the combination. Sellera v. DicJànson, 6 Eng. Law & Eq. 64e; Union Svbgar Refinery v. Matthieson, 2 Fisher, 601. This is as mueh as any patentee of such a patent is entitled to hold. Prouty v. Buggles, 16 Pet. 336. Here the other machinery is neither an element of the com- bination patented, nor an element patented by itself, and is not drawn into the monopoly at ail. It infringed upon no right secured by the patent to make and use that during the term. That is not machinery made in infringement of the patent, although it was made to infringe the patent with. As the deviees made according to the patent have been both made and combined since the expiration of the patent, the defendants are not shown to be using anything made in in- fringement of the patent. ����