Page:Federal Reporter, 1st Series, Volume 6.djvu/306

 '^'i FEDBBAL REPORTER. �iiivented. * » » ^ Here ihe patentee bas narrowed liis daim by the use of terms which are express and clear : ' "What I claim as my invention, and desire to seoure by letters pat- ent, is the combination of th^ wheel, constructed as herein- before described, with the spiral eonductor, D, and tube, F, so as to get the full pressure of the water while the wheel is relieved of its weight, in the manner and for the purpose set forth.' He does not claim to have invented either of these parts separately, nor to have invented a useful combination of any two of the parts without the third. He may have invented each of them, but he has not obtained a patent for either of them. We are therefore left to the assumption that each was old, and that his specilic combination alone was new." �In The Corn-planter Patent, 23 Wall. 224, it was held that "where a patentee, after describing a machine, claims as his invention a certain combination of elements, or a certain device or part of the machine, this is an implied declaration, as conclusive, so far as that patent is concerned, as if it were expressed, that the specifie combination or thing claimed is the only part which the patentee regards as new. True, he or some other person may have a distinct patent for the por- tions not covered by this; but that will speak for itself. So far as the patent in question is concerned, the remaining parts are old, or common and public." �These statements of the law, as thus expressed in the two cases cited, are exactly applicable to the case at bar. Here, as iu Rick V. Close, the patentees have narrowed their claim by the use of clear and express terms : "What we claim as new, and desire to secure by letters patent, is the combination of the slotted beam. A, shank, B, brace-bar, C, and boit, D, when the parts are constructed and arranged to operate as and for the ptirposes herein specified." Not having claimed to have invented either of the parts separately, and expressly claiming only a certain combination of parts as described, there is an implied declaration, as conclusive as if it were expres«od, that the specifie combination is the only part which the patentees regard as new, and that the several parts ��� �