Page:Federal Reporter, 1st Series, Volume 8.djvu/339

 WATKINS V. CITY OF CINCINNATI. 325 ���WaTKINS V. CiTT OF CiNCINNATI.* (Gvrcuit Court, S. B. Ohio. August 10, 1881.) �1. Patent— Vapob Botinebb — Re-Issubd Letthes Patent No. 7,706. �Re-issued letters patent No. 7,706, being a re-issue of patent grauted Louis Fischer, Marcli 30, 1869, for improvement in vapor burners, Md, valid, and infringed by burners known as " Globe burner " and " Champion burner," �2. Samb. �The Fischer patent Md to cover vapor burners having a tube or passage arranged to conduct a portion of the oxygenized vapor from the mixing or gas chamber to a point below where the commixture takes place, iii order to heat fluid in the lower part of the chamber. �3. Samb. �Various prior patents distinguished from the Fischer, and Md not to embody the invention described and claimed in it. �In Bquity. Bill for injunction and account. Final bearing on pleadings and proofs. �The Fischer patent is described in the opinion. �The "Champion burner," used by defendant, had, instead of the extemal return tube to convey the oxygenized gas back to heat the generating chamber, shown in the Fischer patent, a sleeve surround- ing the mixing chamber, into which an opening from the mixing chamber, just below the tip of the burner, allowed a portion of the oxygenized gas to pass, while openings at the bottom of this sleeve, about on a Jevel with the bottom of the mixing chamber, discharged the gas, forming a jet which served to heat and vaporize the oil below. �The "Globe burner" had a similarly-arranged sleeve in the form of a globe, the gas passing into the top of this globe in the same way as in the "Champion," and being discharged through perforations in this globe at a point below where they entered, but slightly above the bottom of the mixing chamber, producing a jet serving to heat the generating chamber beneath. �Parkinson e Parkinson, for complainant, �Paxton e Warrington, for defendant. . Matthews, Justice. This is a biil in equity, complaining of an infringement of a patent for "improvement in vapor burners," orig- inally granted to, Louis Fischer, March 3, 1869, subsequently as- signed to complainant, and re-issued to him May 29, 1877, as re-issue No. 7,706. The bill prays for an injunction and account. The de- sign of the patent is : �*I{eported by J. C. Harper, Esq., of the Cincinnati bar. ��� �