Page:Federal Reporter, 1st Series, Volume 4.djvu/823

 ENOX V. QUIOESILVEB MININO CO. 809 �KnOX & OSBOBN ». QUIOKSILTBE MiNING Co. �[Circuit Court, B. California. October 12, 1880.) �1. Patent — Isfeingembnt — Quicksilvbb Fubnacbs. — A patent îssued �to the complainants, June, 1870, for improvements in furnaces for roasting ores, and more particularly for extracting the volatile por- tions of ores, f rom which it is only desired to save the fumea, such as cinnabar or quiclisilver-yielding ores, and also for improvements in the condensera, whereby the metallic or other sulphurous vapors are rapidly and eflectually ref rigerated without actual contact with water, îield not infringed. �2. SAiiE— Samb— Same. — A patent Issued to the complainants, July, 1871, �for an improvement in such furnaces, by substituting for the pigeon- hole partitions a series of vertical arches, each lower arch receding f rom the one above, so that the angle would be greater than the slope at which the ore would lie, thus nreventinir the fillinc- un of the passages, kdd not infringed. �à. 8ame— Claim — Specifications. — Aclaimfor an automatically-teedmg furnace for roasting ores will not be mstained where the furnace descrlbed in the specifications is fed by hand at the top of the ore cliamber. and no contrlvance is shown for feeding it in any other way. �4. Same— CoNTiNUotrsLT- Workino Quicksilvee Fubnaces. — The appli- cation to quicksilver furnaces of a mode of operation well known and used in other furnaces, by which ore is constantly subjected to heat, is not the proper subject of a patent. �Wheaton de Scr'wncr, for complainants. �McAllister e Bergin, for defendant. �FiELD, C. J. This is a suit in eqiiity for an alleged înfringe- ment of tliree patents for improvements in quicksilver fur- naces, ield by the complainants, with a prayer that the defendant may be compelled to account for and pay over to them the gains and profits derived from the use of the im- provements, and be restrained from further infringement. �One of the patents was issued to Blodgett Britton and assigned to the complainants. It is admitted that no furnace was ever built in aecordance with its specifications, and ail claim for damages under it is waived. The other two patents were issued to the complainants — the first in June, 1870, the second in July 1871, The first patent is for improvements. ����