Page:Federal Reporter, 1st Series, Volume 4.djvu/452

 438 F{SDBItA{> BBPOBTEB. �Bbnediot, D. J. This is an action for an account, and an injunction to restrain the defendant from making a certain form of dise nsed for valve seats in steam joints, upon the ground that such manufacture infringes a patent issued to Nathaniel Jenkins, August 3, 18G9, known as re-issue No. 8,579, and now owned by the plaintiiï. �Varions issues are raised by the pleadings, of which it will be neeessary on this occasion only to consider the one relat- ing to the infringement. �The character of the article complained of is not in dis- pute. It consists of dises intended to be used as valve seats for steam joints, composed of bone black, mixed with gutta percha and India rubber, made vulcanizable by an adœixture of sulphur, and then vulcaniaed; the proportions of the compound being either Para rubber, 10 Ibs. ; gutta percha, 5 Ibs.; sulphur, 4J Ibs.; bone black, 22| Ibs. Or, Para rub- ber, 14 Ibs. ; ^utta percha, 7 Ibs. ; sulphur, 6 Ibs. ; bone black, 28 Ibs. �The main question of the case, as I view it, is whether Buch an article is covered by the Jenkins patent. �The Jenkins patent was construed by this court on a former occasion, (16 Blatchf. C. G. B. 495,) and no reason is seen for any modification of the opinion then expressed, that it is not possible, in view of the language of the specifi- cations, to uphold the plaintiff's contention that the Jen- kins patent is for a packing composed of four-tenths of refrac- tory material, vulcanized, no matter what the vulcanized material may be, if it contained rubber; and that the patent must be considered to be limited to a compound consisting of at least four-tenths of refractory, earthy, or stony matter, mixed with rubber prepared for vulcanization by using less than 25 per cent, of sulphur and then vulcanized, whence results a material composed of 40 per cent, and over of re- fractory matter held togetber by a skeleton of soft rubber. So understanding the patent, I am at loss to discover any ground upon which to base the conclusion that the patent is infringed by a packing which consists of refractory matter lield together by a skeleton of vulcanite. ����