Page:Federal Reporter, 1st Series, Volume 6.djvu/527

 BATE REFEIGBEATING 00. V. TOFFET. 515 �to the ingenuity of man to devise the means of supplying the destitutions of one region -with the surplus of aiiother. AU contrivances which have for 'their object such a resuit are worthy of the most careful cbnsideratiori. - It is'contended, on the part of the complainarit, that the defendants have infringed the first, second, third, and fifth claims of the Kel- iey re-issue. These claims are as follows: "(1) In an air- cooler, or appar'atua for cooling carcasses, etc., the combi- nation of a fan-blower, or its equivalent, an ice-chest, or equivalent, and one or more pipes or conduits, which equally distribute the air within the place or apartment to be cooled, substantially as and for the purpose herein set forth ; (2) in an air-cooler, or apparatus fot cooling carcasses, etc., the combination with the ice-chest of one or more perforated distributing or equalizing tubes or conduits, substantially as and for the purpose herein set forth; (3) in an air-cooler, or apparatus for cooling carcasses by a forced current of air, etc., the ice-chest having an oblong opening at or near its bottom, and extending nearly or quite across the width of the ice-chest, substantially as represented in figure 1, for the pur- pose specified; (5) in an air-cooler, or apparatus for cooling carcasses, etc., the combination of the fan-blower, or fanners, F, the System of tubes T, t\ t', etc., and the ice-chest or de- pository, in either of said forms, as and for the purpose shown and represented." �The main defences on which the defendants seem to rely, are (1) that Kelley was not the original and first inventor of the al- leged improvements ; (2) that the refrigerator which they use is not an infringemeht of the re-issued letters patent of the complainant. �1. The question of novelty is determined by ascertaining the proper construction of the patent alleged to be infringed. If it be construed broadly as a combination of an ice-chest, a fan-blower, and one or more pipes or conduits, without reference to the performance of any specifie functions, then the patent bas been anticipated by other refrigerators, — nota- bly, by the Lyman 1853 apparatus. But if, as the claims and specifiea'aons seemto admit, it be liinited to a combina- ��� �