Page:Federal Reporter, 1st Series, Volume 7.djvu/876

 864 FBBBBAL BBFOBTSB. �and at the ring where the oonical mouth-piece lueets the npper part of the body, as Heath's are. They ull flare in one way, have no re-entering angles or curves, being in this respect like Heath's, and can be made easily and cheaply by stamping or spinning. The piece which forms the bottom is a compound piece, a partition being introduced a little above the bottom and parallel therewith, so as to form a chamber over the whole extent of the bottom, the partition forming the bottom of the receiver. The chamber thus formed is filled with a heavy material, such as iron filings, to serve as a weight. This compound piece is thus, as a whole, thick and heavy compared with the upper parts. It is manifestly the equivalent of Heath's single thick and heavy bottom piece. The structure, as a whole, falls within the defini- tion above given of the invention claimed in the Heath patent. �The defendants attack the novelty of Heath's invention. They introcluce a patent granted to William H. Topham, August 2, 1870, for an "improved spittoon." The specifica- tion states the invention to be an "imprbvement in spittoons and other vessels." It says: �"My invention is designed to be applied to splttoons, pails, and other vessels made of paper, which, owing to the lightness of said material, are liable to be easily overturned or displaoed ; and the invention consists in incorporating with the bottom or lower part of the vessel a weight so arrangea that, in case of force b^-ing applied, no matter from what side, to tilt or upset the vessel, said weight will have-the efEect of retaining it in its proper position, or of return ng it thereto, and so that, when the vessel is thrown down to its place, the weight will cause it to readily adjust itself to a proper bearing on the surface on which it is intended to rest. Referring to the accompanying drawiag, A representa a spittoon made of paper, the bottom, a, of which is provided with a weight, B, con- centrically arranged in relation with said bottom, and preferably disposed between an upper and lower layer used in the construction of the bottom, whereby said weight is protected, and may be retained in place without sny special fastenings, and the vessel possesses all the proper. les and advantages of a paper one, with the sta'iility of one made of heavier material, and readily adjusts itself to a proper position in case of being carelessly thrown down or of being pushed or tilted from any side. Said wei^t may be made of any material of suitable speciflc gravity, the black oxide of iron, among others, answering for such purpose." ��� �