Page:Federal Reporter, 1st Series, Volume 4.djvu/89

 HOLLY V. VBBGENNES MACHINE CO. 16 �5. Bame— Same — FoRM.— In siich caseform should not beregarded except �where it is of the essence of the invention. �6. Invention— Combination—Lbssee Combination.— If a patented inven- �tion consists ot a combination of numeroua parts, including in it other new and useful combinations of less of those parts, it woold seem that the patentee was entitled to the exclusive use of those lesser combinations, as well as to the exclusive use of the whole. �Sharp V. Tifft, 12 O. Q. 1282. �Prouty V. Ruggles, 16 Pet. 336, distinguished. �7. Patentable Devices— Inphingbmbnt. — Patentable devices cannot bo �used for the purpose of inf ringing an existing patent. �8. IiTFBmGBMENT— CoMBtNATioN- Vendob.— The sale of a machine to bo �used for the purpose of inf ringing a patented combination renders tha vendor liable. Bowker v. Dowt, 16 O. G. 610. �In Equity. �Hatch e Steîn and W. L. Burnap, for orator. �Roberta <e Roberts and L. L. Laurence, for defendants. �Wheeler, D. J. This suit is brought upon re-issued let- ters patent No. 5,132, dated November 5, 1872, for a new Sys- tem of water- Works for supplying cities and towns with water, and original letters patent No. 94,747, dated September 14, 1869, for a new safety-valve for street water-pipes, both granted to the plaintiff. The defences are that the plaintiff is not the original and first inventor of the inventions de- scribed in the patents, and that the defendants do not in- frin^e. The cause was heard at last term on pleadings, proofs, and arguments of counsel. �Before the plaintiff's invention, water to supply cities and towns was, when the supply was located high enough, drawn into a reservoir and from thence into a main pipe, from which others ramified through ail parts of the city or town, and into dwellings and other places, to spigots, from which it could be drawn as wanted for use. In lerel places, where there was still an elevation for a reservoir, it was forced by pumps into a reservoir; and when there was no such elevation it was forced into a stand-pipe of the necessary size and height, or into mains Connecting with such a stand-pipe, and the pressure of the water in the reservoirs or stand- ����