Page:Federal Reporter, 1st Series, Volume 4.djvu/549

 eLA.WSON V. Q. S., F. P. Se 7. B. C0< 535 �an opening covered by a transparent medium. In that case the object of the opening was to enable the coal which passed from the upper to the lower compartment of the stove to be seen through the opening. In this case the object of the opening is to enable the fares which pass from the upper to the lower compartment of the fare box to be seen through the opening. There such openings were a well-known device applied to stoves. Here a similar opening was employed for the same purpose, in the fare box admitted to be old. In this case, therefore, as in that, it must be said that it is im- possible to regard the mere addition of such an opening to a fare box, conceded to be old, as the formation of a new pat- entable combination. It is not invention. �There remains to consider the second patent upon which the plaintiff relies in his bill. This patent was issued to Elijah G. Middleton, assignee of James P. Winchell, dated December 12, 1871, and is also a patent for an improvement in fare boxes. The specification states that "the improve- ment relates to the mode of illuminating the interior of a fare box in street riailway cars or other vehicles when used ^uring the night, and it consists in the construction of the fare box with suitable openings and reflectors, arranged and adapted to receive light from the ordinary head lamp placed above the fare box." �The claim is as follows: "What I claim and desire to se- cure by letters patent is lighting the interior of a fare box at Tiight by light obtained from the head light of the car, thrown by the refleetor, I, through an opening, H, in the head-lamp box,into the chamber,for the temporary detention of the fare for inspection, substantially in the manner and for the pur- pose set forth." �The contention on the part of the plaintiff is that this is a claim for a combination of certain old elements, — viz., (1,) a fare box with an opening at the top covered by glass or other transparent substance; (2) the head lamp of a car; (3) a refleetor, — in such a manner that a part of the light from the head lamp shall be reflected upon the platform of the fare box. Assuming the claim to be for a combination^ ����