Page:Federal Reporter, 1st Series, Volume 4.djvu/95

 HOLLT V. VEEGENNES MACHINE 00. 81 �tion of a patent for a new arrangement of machinery is in itself new and useful, and another person, for the purpose of producing the same effect, uses that portion of the arrange- ment, and substitutes for the other matters combined with it another mechanical equivalent, that would be infringement, and the plaintiff there had Jùdgment. The defendants here use the pressure in the mains for the same purpose that the plaintiff does, and thereby complete the arrangement of the plaintilï's patent, the same as the defendant there used the momentum of the sley for the same purpose that the plaintiff there did, thereby oompleting the combination of that patent. - �These views do not differ from the decision in Prouty v. Ruggles, 16 Pet. 336, and like cases, where it is held that a patent for a combination of several parts to accomplish a resuit is not infringed by a combination of less of the same parts, alone, or with others substantially different, to produce the same resuit. That case was put expressly upon the ground that neither any of the parts, nor any portion of the combination less than the whole, was new. The patentee is entitled to the exclusive use of the whole of his patented invention; ànd if it is of a combination of numerous parts, including in it other new and useful combinations of less of the parts, he seems to be entitled to the exclusive use of these lesser combinations, as well as to the exclusive use of the whole. Sharp v. Tifft, 12 0. G. 1282. The pumping apparatus of Flanders may be an improvement upon that of the plaintiff, and properly patentable as such, so as to entitle him to the exclusive use of those particular de vices; but that would give him no right to use his devioes to infringe the plaintiff's patent with, although this fact may be of impor- tance in determining the amount of profits or damages due to such infringement. �The other patent is for a dash-pot combined with a safety- valve upon water pipes subjected to great pressure, to steady the motions of the valve in opening and closing. The dash- pot is an old and well-known contrivance for steadying motion, but it had never been combined with such valves before. The defendants use a dash-pot in the same combination; but they �v.4,no.l — 6 ����