Page:Federal Reporter, 1st Series, Volume 7.djvu/833

 £LAEE V. M'nAB & HANLAN 'UA.NCF'a 00. . 821 �Blakb and others v. The McNab & Hanlan Manxw'o Co. and �auother. �Same V. Eaton and others. (Cireull Court, S. D. New York. February 15, 1881.) �1. Re-Issub No. 978 — Impkovbmbnts in Watbr-Closets — Validitt— �Infbhigembnt. �Ite-issued letters patent No. 978, granted William S. Carr, June 12, 1860, and extended seven years from August 5, 1870, for improve- menta in water-closets, hdd nalid as to its third claim, and infringed as to such claim. �2. Patent No. 21,734 — Impbovbd ■Watbr-Closet — Validitt — In- �FHINaBMENT. �Letters patent No. 21,734, granted Frederick H. Bartholomew, Oc- tober 12, 186B, and extended for seven years from October 12, 1872, for an improved water-closet,:^(i fKdid «a to its j^st claim; and in- /nraffedi as to such claim. • �In Equity. �C. F. Blake, for plaintiffa �S. S. Boyd, for defendants. �Blatchfqbd, C. J. This suit, as presented, involves twO patents. One is a re-issue, No. 978, granted to William S. Carr, as inventor, June 12, 1^60, for " iniprovements in water closets;" the original patent having been granted to him Au- gust 5, 1856, and the re-issue having been extended for seven years from August 5, 1870. Infringement of the third claim only of the re-issue is alleged. The specification of the re-issue says : �" The nature of my said invention consista in a peculiar construction of coclt, which is opened by the motion of the seat of the water-closet, and ■allows but little water to run into the pan of the closet until the weight is removed from the seat, when the cock, gradually closing of itself, allows the water to run for a limited and regulated time, sufflcient to wash out the basin." �The third claim of the re-issue is as f ollows : �" In a valve for water-closets, a oup-leather for controlling the motion of said valve in closing gradually, substantially as specifled ; said cup- leather moving freely in one direction, and closing agalnst the containing cylinder in the other direction, and the leakage of water in said cylindei allowing the movement of said cup-leather, as set forth." ��� �