Page:Federal Reporter, 1st Series, Volume 6.djvu/528

 616 FEDERAL REPORTER. �tion of tliese iustrumeniialities, whereby an equable distribu- tion of the air shall be produced within a place or apartment to be cooled, a new and useful reault bas been reached, which distinguishes the apparatus of the complainant from any organization previously existing. �But the counsel for the defendants insista that no author- ity is found in the patent to place the combination within an enclosure j that the same is neeesaary to make the apparatus operative ; and that doing so was an afterthought by the com- plainant, although not contemplated or provided for by the original inventor. �It appears evident, however, from a consideration of the Btate of the art at the time of the invention, and from the specifications and daims of the patent itself, that its precise design was to cool apartments, and that it is fairly applicable t<i enclosures constructed for the transportation of meats. �The first and principal claim is for a specified combination of elements "which equably distribute the air within the place or apartment to be cooled." It is possible that the pat- entee thought it was capable of being used outside of an enclosure; but, whether this be so or not, there is enough revealed in the specifications and claims to suggest to any one skilled in the art to organize the mechanisms within an apartment or closed room, where, doubtless, the best resulta are attainable. The phrase, "which equably distribute the air within the place or apartment to be cooled," are the emphatic words of this claim. They give individuality and life to the patent. They not only suggest an enclosure in which the combination is to be placed, but they indicate a beneficent resuit to grow ont of the apparatus as arranged by the pat- entee, which gives character to it, and which distinguishes it from ail others. �The remaining claims are modifications of the first. The second is limited to one or more pipes, eaeh provided with several perforations, and arranged, as in the first claim, so as to obtain an equable distribution of the cooled air throughout the apartment. The third is for the form of the iee-chest, as described, to-wit, with an oblong opening extending nearly or ��� �