Page:Federal Reporter, 1st Series, Volume 7.djvu/836

 624: FEDERAL REFOBTEB. �Hulme had a bucket or plunger with a central poppet-valve, and a means of regulating the escape of the water from above the plunger; that Buch means of escape in the defend- ants' apparatus is the same as in Hulme ; and that, in view of these considerations, the third claim of the Carr re-issue must be.limited to the special mode of escape shown by Carr. But, although the defendants use Hulme's mode of escape, they do not use his plunger with its poppet-valve, but use instead a cup-leather, and thus use Carr's eombination. It is very clear that the cup-leather does not have the same mode of operation as the poppet-valve, and that the points of advantage in it must be just the reasons why the defendants use it, and do not use the poppet-valve arrangement of Hulme in connection with Hulme's mode of escape. Nor does it avail to show the prior existence in Kirkwood of a mode of regulating the supply of water by an arrangement for the graduai escape of the water from above the plunger, 80 long as the arrangement set forth in the third claim of the re-isBue is not found in Kirkwood. �The other paterit sued on is No. 21,734, granted to Freder- ick H. Bartholomew, October 12, 1868, for an "improved water-closet," and extended for seven years from October 12, 1872. The first claim of that patent is alleged to have been infringed. It is as follows : �" The use of a drip-box or leak-chamber arrangea above the closet and below and around the supply-cock, substantially as described." �The specification says that — " The nature of the iavention consists in providing for water-closets a cistern or drip or leak-chamber, arranged upon the top of or over the tank of a closet, and placing a supply-cock within or above said drip-box or cistern, so that any waste or drip or leak from the cock shall be con- ducted into the trunk, so as to Insure the keeping of the floordry." �The drip-box is shown and described as arranged upon the the top plate of the closet by being cast upon the top plate> and as having the supply-cock within it ; and it is set forth that any leakage about the cock will drop into the closet. The leakage from the joints of the supply-cock must fall into the drip-box, and thence into the trunk and the soil-pipe, and not fall on the floor. The defendants' apparatus bas a trunk ��� �