Page:Federal Reporter, 1st Series, Volume 4.djvu/465

 BTBBBINS, ETC., ELEVATOB MANtJP'a CO. ». STEBBIN8. 451 �ton, to re-enforce the other, the water so applied will not have to fill any empty portion of the cylinder beneath said piston before its motive power or pressure operates upon said piston. There is no doubt that in patent No. 172,896, as well as in patent No. 132,111, the power of either one or two upright cylinders canbe employed for elevating the load, according to the weight which it is desired to lift. But that is the pur- pose or object of the mechanical means employed in each. There is no claim in No. 132,111 to such purpose or object. If there were, such claim would be void. The first claim of patent No. 132,111 is a claim to a combination of the cylin- ders, pistons, ràck bars, shafts, spur-wheels, another shaft, pinion, and driving puUy, arranged substantially in the man- ner described in the patent. In patent No. 172,896 there are cylinders and pistons, but no others of the elements of the combination set forth in the first claim of patent No. 132,- 111 ; and such cylinders and pistons in patent No. 172,896 are combined and arranged, both among themselves and in reference to the other parts of the machine, in an entirely different manner, both as to construction and mode of oper- ation, from the manner in which the cylinders and pistons in patent No. 132,111 are combined and arranged among them- selves and in reference to the other parts of the machine. It is claimed for the plaintiff that the pully arrangement in pat- ent No. 172,896 is the mechanical equivalent of the rack and pinion arrangement in patent No. 132,111. But it is quite apparent, from the evidence of Mr. Mcintyre, that the mechan- ical equivalency consists only in the fact that in each patent each piston is always in operative connection with the device to be driven by the piston, so as to enable the re-enforcing action to be effected. But the concentric arrangement in patent No. 172,896 for the central transmission of power, in connec- tion with the mechanical arrangements which in that patent take the place of the rack and pinion arrangement in patent No. 132,111, make the arrangement of cylinders and pistons, and the attendant machinery, in patent No. 172,896, a differ- ent arrangement, mechanically, from the arrangement of ����