Page:Federal Reporter, 1st Series, Volume 8.djvu/340

 s 26 FEDERAL REPORTER. �" In a vapor burner, a tube or passage arranged to conduct a portion of the oxygenized vapor ftom the mixing or gas chamber to a point below its com- munication with the gaa chamber, for heating purpoaes." �Infringement consists in the use by the defendant of two descrip- tions of vapor bumers in street lamps — one known as the "Globe burner," and the other as the "Champion burner." The fact of the use by the defendant of those burners is admitted, but it is denied that they infringe on the complainant's patent, and it is alleged that if they, or either of them, do, the complainant's piatent is void, as being covered by prior patents. I have no difficulty in determining that the bumers used by the defendant, described as the Globe and Champion bumers, are infringements of the complainant's patent. �The invention in controversy is an improvement in the mechanism by which hydro-carbon oil is continuously converted into an ogygen- ated illuminated vapor or gas, in its passage from the reservoir to the burner-tip. In the language of the patent, it — " Consists in the peeuliar construction and arrangement of parts for passing a entrent of gas, after its commixture with air, from the upper part of the burner down towards the generating chamber, for the purpose of heating the said chamber." �The precise improvement covered by the patent is stated in the claim already quoted, and consists in the 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, in order to beat the fluid in the lower part of the chamber. This arrangement I find distinctly in the two descriptions of bumers used by the defend- ant, the Globe and the Champion. �It is contended, however, by the defendant that the complainant's claim and patent for this improvement is covered and avoided by three prior patents, copies of which are in evidence. They are as fol- lows: �(1) Patent to M. L. Collender, November 20, 1860, for improvement in hydro-carbon burners. (2) Patent to W. H. Smith, re-issued August 17, 1869, for improvement in vapor burners. (3) Patent to T. G. Ciayton, May 15, 1860, for improvement in vapor lamps. �In the first two, the Collender and Smith patents, the devices and arrangements of the parts are so unlike those of the complainant, that it is not necessary to set them out for the purpose of exhibiting the difference, and they may be dismissed from the case without com- ment. �In the Clayton burner the oxygenizing of the vapor does not take place at all in a chamber provided for that purpose, before ignition. ��� �