Page:Federal Reporter, 1st Series, Volume 3.djvu/719

 712 FEDERAL REPORTER. �Bill for infringement of a patent for an apparatus for hydrating gas. �The claim was for a combination of several elements, one of which was a water-sealing or trapping device. It waa shown that respondents had contracted to construct an ap- paratus which contained ail the elements of the combination except the water-sealing device j and that they did construct such apparatus, and delivered it to the purchasera before the liling of the bill. A short time after the filing of the bill, respondents added to the apparatus a water-sealing device. It appeared, however, that this device was not absolutely necessary to the working of the machine, and that it was not put up under any previouB understanding with the pur- chasers. �Joseph C. Fraley, for complainant. �Edward S. Jenney, for respondents. �Blatchford, C. J. I cannot hold that the plaintiff has estab- lished that any infringement of his patent by the defendants, or any of them, took place before this suit was commeneed. The Hydrating case, or condenser, made and delivered by Jones and H. H. Pawling to the Waterford mill, after the plaintifs patent was granted, and before this suit was com- meneed, had at that time no arrangement for water sealing, nor does it appear, nor can it be inferred, that they there intended that it should afterwards have applied to it any ar- rangement for water sealing. The plaintiff's patent was issued January 30, 1877. This bill was filed February 31, 1877. Only one of the two patents granted to the defend- ant Jones was applied for before the plaintiff's patent was issued, or before this suit was brought. That patent. No. 185,640, was applied for December 14, 1876. That pat- ent showed a water-sealing device. Jones' second patent, No. 188,801, was applied for March 12, 1877. As issued, it shows a water-sealing device, but such device was not in- vented by Jones until after this suit was brought. There is no evidence that it was intended, when the apparatus was sent to the Waterford mill, that it should have the water-sealing device shown in patent No. 185,640, or any ����