Page:Federal Reporter, 1st Series, Volume 4.djvu/827

 V. 8., ETC., FBLTINa 00. '«.USHESTOS FELTINfl 00. 813 �Knox and another ». New Idria Mining Co. {Circuit Court, D. Califomia. October 12,' 1880.) �Wheaton e Scrivner, for complainants. �McAllister e Bergin, for defendant. �FiELD, C. J. This case is, in its essential features, sîmilar to that of Knox e Osborn v. The Quicksik-er Mining Co. [ante, 809.] The use by the defendant of a pigeon-hole partition on one aide of the furnace, between the ore chamber and fire cham- ber, does not affect the conclusions reached. The defendant has no pigeon-hole partition between the ore chamber and vapor outlet, andno equivalent for such pigeon-hole partition. The fire-place in the defendant's furnace is on a level with the bottom of the ore chamber, while in the complainants' furnace it is some 12 feet above the bottom of the ore chamber. The relative position of the fire-place and the vapor outlet in the defendant's furnace is not such as to create a cross draft, which is the main feature of the complainants' furnace. The draft in the defendant's furnace is a vertical draft. �A decree of dismissal, "with costs, must be entered in this case, and it is Bo ordered. ���United States «fe Poreign Salamandeb Feltino Co. w. AsBESTOs Felting Co.* �{Circuit Court, S. D. New York. Bepteraber 1, 1880.) �1. Patent No. 100,354— Patent No. 114,711— LNTBKrEi».c;NCE.— The flrst claim of patent No. 100,354, granted March 1, 1870, to one Baumann, w iufxdid, upon the ground of interference with the claims of patent No. 114,711, granted May 9, 1871, to the plaintifl, upon the invention of one Riley. �*See infra, 816. ����