Page:Federal Reporter, 1st Series, Volume 4.djvu/93

 HOLLT V. VBRGENNBS MACHINE 00. 79 �of the water in the mains decreases the amount of water pumped in by acting upon a valve which opens and closes a duct leading from one end of the pump cylinder to the other, around past the piston, so that when the pressure opens the valve the water is pumped from one side of the piston to the other, and not forced along ; and when the press- ure is diminished by the opening of the spigots and draw- ing water, the valve closes, and the water is forced along again to take the place of that drawn off. This is a pump- ing apparatus supplied with contrivances by which the press- ure within the mains may be preserved, in a great degree, uniform, as mentioned in this claim of this original patent of the plaintifE. The combination and arrangement are the Bame in the defendant's works as in the plaintiff's, unleas there is a substantiaj difference in these pumping engines, and the rest of the combination is the same whether there is a dif- ference here or not. �Two questions arise here. One is whether these pumping engines are substantially the same in this arrangement; and the other is whether the rest of the arrangement is a part of the plaintiff's patented invention if they are not. If they are, the defendants have taken the whole of the invention covered by this claim. If they are not, and the rest of the combination without them is covered by the patent, then the defendants have taken so much of the patented invention. In this mat- ter of regulating the flow of water in suoh pipes according to the wants of consumers, without the aid of the force of gravitation f urnished by reservoirs and stand-pipes, the plain- tifif precedes Planders, and has produced something which underlies ail that Planders has produced, and, if it includes what Planders has produced, he lias a monopoly of it. Rail- way Co. V. Sayles, 97 U. S. 554. And these pumping ma- chines are substantially the Same in the sense of the law of patents, when they perform the same function in substantially the same way to accomplish the same resuit; and, except where form is of the essence of the invention, it should not be regarded in questions of this kind, and it is not of the essence of this invention. Attention should be paid to suoh ����