Page:Federal Reporter, 1st Series, Volume 8.djvu/341

 EMEBSON V. HOWE. 327 �but only as the vapor, rising, mingles with the air at the point of combustion at the tip of the burnei:. The nature of the invention, as declared in the patent, consista in converting the fluid into vapor or gas below the flame by means of the burner, as desoribed, and the use of one or more jets of the same vapor or gas burnt below the gener- ator and burner, as described ; but these jets are not carried down by means of any tube or passage to any point below where they issue, so as to beat the chamber containing the fluid in its lower part, but merely assist the Uluminating flame in increasing the beat, conducted to the fluid by the metal of which the burner is made, so as to facilitate the evaporation. The small pipes or tubes described in this patent are for the purpose of eonveying the vapor to the place of combustion, and not, as in the complainant's, for eonveying the burning jet of gas to a lower part of the chamber containing the fluid for the pur- pose of heating. �On the whole, I am satisfied that the complainant is entitled to a decree, as prayed for, with the usual reference as to damages. ���Emerson and others v. Howb. {Oircuit Court, D. Massachusetts. June 29, 1881.) �Patent No. 157,395— Shob Buckle— Anticipation— Validitt. �Letters patent No. 157,395, granted December 1, 1874, to Calvin Hersome, for improvement in shoe buoliles, Md, not anticipated by letters patent No. 48,135, granted June 6, 1866, to John E. Bmith, and letters patent No. 117,347, granted July 25, 1871, to Samuel C. Talcott; also, Md valid. �Bamb— Same— Samb— iNFBiNGEMBNr. �Complainants' device, consisting of an ordinary buckle in comWnation with a plate hung on the cross-bar thereof, formed -with a prong at each end, -v^hich, after being inserted in the leather, are bent down towards each other and hold the buckle in place, held, not anticipated by the Smith buckle, in which the per- manent connection with the strap is not made by clamping, but by iuserting the end of the plate, which is formed with two projections, into a slit, and tum- ing it half around ; or the Talcott buckle, having a metal box to receive the free end of the strap, such box being flrmly clamped to the strap ; and Jield in- fringed by defendant's buckle, in which the prongs are arranged one behind the other, so that their points do not bend towards each other. �Patent — Small Abticles— Blight Differences— Adaptation to Nbeds dp Commerce. �In patents for small articles, slight differences are often important, and if such things are patentable at all, it must always be in virtue of a more useful adaptation to the needs of commerce, by small changes of structure, which in a great machine might be merely alternate modes of reaching a part uf a gen- erai resuit. �In Equity. ��� �