Page:Federal Reporter, 1st Series, Volume 4.djvu/454

 440 FEDERAL REPORTER. �from the Jenkîns compound. But, as bas been seen, the Johnson packing possesses properties not displaj'-ed by the Jenkins packing. A substantial change in the charaoter of the article is produced by using a proportion of sulphur not contemplated by Jenkins ; indeed, ex<;luded from his invention by the terras of his patent. Whether excess of sulphur be mechanically mixed or chemically combined with the same can make no difference, for the fact remains that the resuit is a product possessing new and valuable qualities. �In view of the circumstances that the patent here sued on bas been sustained on two occasions by distinguished judges, it is proper to add that the question presented by this case I is one entirely different from that raised in the two prior �cases set up in the bill. The valve seats complained of in the case decided by Judge Sbepley March 22, 1872, (1 0. 0. 359,) were claimed to have been made under the Frink pat- ent. They contained lead or litharge and brass filings, which are sulphur absorbents; and it was there proved that these absorbents combined with the sulphur in vulcanizing, and so madô another comparatively refractory ingredient, sulphu- reted metal. TJpon this proof it was held that the valve seats then in question were substantially the same article as the Jenkins valves. �In Jenkins v. Johnson, 9 Blatchf. C. 0. E, 516, the valve seats brought to the consideration of Judge Blatchford were a still different article, and in that case it -was shown that the composition contained oxides of lead and iron, and that the excess of sulphur, beyond the amount taken up by the process of vulcanization to form a soft-rubber skeleton, united with the iron and lead, and formed refractory minerai matter. Consequently, it was in that case concluded that the Jenkins patent had been infringed. �Here the facts are different. The defendant's compound contains no sulphureted metal. There are no oxides of lead or iron, nor any other substance which combines with the sulphur to make refractory matter; but the excess of sul- phur used, which by itself certainly is not refractory, is in such proportion that when the compound is submitted to a vulcan- ����