Page:Federal Reporter, 1st Series, Volume 8.djvu/336

 3?2 FEDERAL REPORTER. �earlier Irwin inventions, I.think that in his patent 89,770 he was the predeeessor and not a follower of others, and while, for the pur- poses of this motion, it ifi held to be true that his claims in the origi- nal patent "were limited i'o the particular f orm of the devices described in the specification; yet that, by re-issue 8,505, he properly covered broader territory. �" If one inventer precedes all the rest, and strikes eut something which in- cludes and underlies all that they produce, he acquires a monopoly, and sub- jects them to tribute." Sayles v. Ry. Co. 97 U. S. 554. �I have not deemed it expedient to examine the claims of re-issue No. 8,611 upon the question of infringement. The plaintiffs make out a clear case of very serious injury in case a provisional injunc- tion should not be granted. �The motion for an injuuction, pendente lite, against the infringe- ment bf the first and second claims of re-issued patent No. 8,598 by the manufacture or sale of lanterns Nos. 13 or 14, or lantems con- taining a combiuation of devices equivalent thereto, is granted. ���GoTTPRiED ». Conrad Seipp Brewing Co. �(Uircutt Court, N. D. Illinois. June22, 1881.) �1. Patent No. 42,580— Mode of Pitching Bakeeib— Hot Aie— Kbausch Ma- �chine— Supekheated Steam — Infringement, �Letters patent No. 42,580, g anted May 3, 1864, to J. P. Holbeck and Matthew Gottfried, for mode of pitching barrels, operating by driving a blaat of Jiot. air, by means of a blower, thr ugh a bed of ignited coals into a pipe, whence it is oonducted into the barrel to be pitched, held, not infringed by the Krausch ma- chine, which opera s by the introluctioa of auperheated steam into the caslts to be pitched. �2. Patent Covbring a Combination Dbvice ab an ENTLEBir — Rbplacino �WoiiN-ouT Paets— Inpringment. �Where a patent covers as an entirety a machine composed of several sepa- rate and distinct parts, the purchaser of such machine from the patentee will not inf ringe by replacing such parts as wear out as of ten as is necessary, so 1 ong as the ideatity of the m i chine is retained. If the patent is for a separate and distinct element of the combination, a purchaser will infringe by replacing such element. �Banning e Banning, for complainants. �West e Bond, for defendant. �Blodgett, D. J. This is a bill to recover damages for the alleged infringement of a patent issued on the third of May, 1864, to the complainants for an improvement in pitching the inside of barreis. ��� �