Page:Federal Reporter, 1st Series, Volume 4.djvu/233

 ITAT. CAB-BBAKE SHOZ qO. V. Ii. S. <fe H. S. BT. 00. 219 �Hodkinson, on the 29th of November, 1859, (defendaijit's Exhibit J;) and to Eston, Jr., and Thiry, on the 2'rth of Eebruary, 1866, (defendant's Exhibit M,) — it is difficult to hold that what the defendant uses infringes the complainant'a patent, without at the same time reaching the conclusion that these several patents are anticipations of the claimant's claim. I find in them the stationary tank, the heating cham- ber, and the horiizontal rotary stirrer in suoh juxtaposition, and bearing such relations to each other, that it is quite as easy to say that the complainant's patent infringes them, as to aflSrm that the defendants' infringe the complainant's, Eecognizing the f act that a limited construction may be given to the patent, which wili allow it to stand, I will not say that it is void for want of novelty; but there must be a decree in f avor of the defendants, on the ground that they do not in- fringe. �Let a decree be entered diamissing the complainant's bill, with Costa. ���Nat. Cae-Bbakb Shob Co. v. L. S. & M. S. Ey. Co. �Nat. Cas-Brake Shob Co. v. The I. C. E. Co. �{Circuit Court, JT. D. elinois. October 11, 1880.) �1. Patent No. 40,156— Second Cijim— Infeinoembnt.— The Becond �claim of patent No. 40,156, issued October 6, 1863, to James Bing, for an improvement in car-brake shoes for railway cars, Tteld, in- fringed under the circumstances of thls case. �2. Invention — Constbtjction.— fin construing an invention, eflEect must �be given to the whole of the description contained in the specifica- tion and claims. �3. Bamb — Same. — A patent contained two claims — First, toi & certain �"lateral rocking motion" of the one part of a combination upon that of the other; second, for such combination with certain Bdditional elements, " the whole being construoted and arrangea substantially as specifled."' HM, that such second claim couldbe infringed by a machine not containing such '' lateral rocking motion," where such motion was not, in terms, referred to by the said claihi. �In Equity. ����