Page:Federal Reporter, 1st Series, Volume 3.djvu/574

 BUEDETT V. ESTEY. 667 �additional partial set of reeds, placed in the common double reed board of an organ, between the short reeds of the other two sets, inclined and extending downward to the same base, without separating the other sets any further apart thanthey ■would be alone, and without lengthening the valve openings or increasiiQg the power necessary to operate the instrument, and is dated February 23, 1869; antedated August 24, 1868. The specification described tuning this set on a key slightly different from that of the other sets, whereby a wavy tone of music would be produced, and set forth independent dampers for each set, which were claimed in the patent, but to which it was found and held that the inventor was not entitled, and which he was required to disclaim bef ore having a decree ; which he did, and filed proof of in court, December 4, 1878, whereupon a decree was entered for, among other things, this accoûnting. �The master reported that between August 24, 1868, the antedate of the patent, and February 23, 1869, the date of its actual issue, the defendants made and sold a considerable number of organs, and between February 23, 1869, and May 1, 1874, a large number more, ail of which contained partial sets covered by the orator's patent, and on ail but a very few of which they received profits in additional price on account of the partial sets, stated separately for each space of time ; that the wave-tuning was an important factor in producing the additional profits for the partial setsj that horizontal partial sets placed on the upper surface of the reed board, instead of being inclined into it, not covered by any patent, and not then in use, Would have been practically as good as the inclined sets ; that the orator testified that he should judge that a firm of which he was a member would have sold at least 100 organs a month more than they did if they had controlled the patent, and that there was no other evidence as to damages, whereupon none were allowed; and that he allowed to the orator the whole profits stated, snbject in whole and in detail to the opinion of the court upon the questions presented. �The principal questions raised upon the report and excep- ����