Page:Federal Reporter, 1st Series, Volume 7.djvu/605

 HAMMEBSOHLAO V. 80AH0KI. 693 �expensive for general use. The plaintiff, being in the business of making paraffine or wax candies, had his attention di- rected to waxed paper, then made by hand. It was the first time he had seen it. He was told that it was made by hand, and was too expensive for general use, and that it would be a good thing to get up a cheaper method of making it. He immediately began experiments which resulted in the machine and the process which he patented by his original patent No. 193,867. He was the first person who ever made waxed paper by maehinery, or in a continuous web. The total amount before made by hand was less than 100 reams a year, and it sold for four dollars a ream, and was of inferior quality to that made by the machine. Making it cheaper and of better quality has caused it to be applied to many new uses, and in fact created a new branch of industry. The sale now is 100,- 000 reams a year, the plaintiff has reduced the price to one dollar a ream, and infringers have sold it at 60 cents a ream. The plaintiff's rights have been generally respected, but he has sued infringers and stopped some by suit and otherwise. Under all these ciroumstances, his patent being a pioneer and a foundation patent, both as to process and to machine, is not to be construed as confined to specifie detalls, if fairly admitting of the liberal construction which such a patent is entitled to. It does admit of the construction which has been given to it, and it is entitled to that construction. �The other patent sued on is No. 209,393, granted to the plaintiff October 29, 1878, for an "improvement in waxing paper." The specification says that the invention is an im- provement on No. 193,867, and that "a reference is hereby made to the same for a description of the construction and operation of the parts, except so far as the present features of improvement." The cylinders, a and 6, and the trough, n, are the same in thedrawings of No. 209,393, as in the draw- ings ofre-issue No. 8,460. The specification says : �" The roller or cylinder, a, revolving in the trough, n, is heated by steam introduced into the interior or otherwise, and the cylinder a is located in relation to the cylinder b, and roll of paper, in such a manner that the roll of paper is in contact with its periphery for a space of two or three inches (more or less) in width, and the speed of the paper is diflerent to that �T.7,no.5— 38 ��� �