Page:Federal Reporter, 1st Series, Volume 7.djvu/608

 696 FEDERAL EBPOBTEB. �cured by claims 1 and 2 of No. 209,393, Claim 1 is to a method, and claim 2 is to a combination of machinery. The plaintiff's expert says that Dickinson does not, in his draw- ings, show any machinery for efFecting the differentiation of speed, but simply says that it might be done; yet that, if the machinery he does show was adapted to waxing paper by merely substituting wax for size, the description in Dick- inson would be sufficient without drawings. �The specification of No. 193,867 is not furnished to me, but I assume that it states what is found in the specification of re-issue No. 8,460, which is that "the scraper, x, is applied to the cylinder, a, between the wax trough and the place of contact with the paper to remove surplus wax and only allow a uniform layer of wax to adhere to the heated cylinder, a." Taking the description in No. 209,393 as if the description in No. 193,867 were incorporated in it, as it must be, and assuming that the latter describes the scraper, x, in the above terms, "the cylinder coated with melted wax," in claim 1 of No. 209,393, must be understood as meaning a cylinder coated "substantially as set forth;" that is.with wax of the thickness and: uniformity left after applying the scraper, x. In the like view, the expressions in claim 2, "a heated cylin- der for transferring the wax to the paper" and "the waxing cylinder," must be understood as meaning a cylinder "sub- stantially as specified;" that is, not only a cylinder coated with melted wax, but a cylinder coated with wax of the thick- ness and uniformity of the coat of wax with which the cylin- der in the description would be coated, namely, the coat left after using the described scraper, x. This is the proper con- struction of the two claims, and under it neither the Dickin- son patent nor any other patent, so far as it appears, antici- pates the claims; and, as the defendant used the scraper, x, in connection with the differentiation of speed, he must be held to have infringed the claims. �An injunction is granted on claims 1, 2, 3, and 5 of re-issue No. 8,460, and on claims 1 and 2 of No. 209,393. ��� �