Page:Federal Reporter, 1st Series, Volume 8.djvu/838

 824 FSDBBAIi BEPOBTEB. �material along the line of the eut, in some portions the eut being, doubtless, through the concrete; while in other portions, where atones are encountered in the gravel so large as to interfere with the trowel, the incision may be of less or even little depth. This makes a joint in the partially set raaterial bo tamped solid, and into the open joint thus made, when the concrete is partially set, is floated or rubbed m some of the same material of which the block is oomposed. Then the top layer or surface, composed of finer material and containing more cement, is laid on, pfessed down, and smoothed over, The trowel is then run through on the same line of the joints, directly over the cutting below, and probably, as a general proposition, passes through the top layer, although I am not csrtain whether or not that is always the case. Parting strips are used by Molitor, but their purpose ia simply to keep the different colors on adjoining blocks from blending. After the top or surface layer is eut with the trowel, the cuts or joints are again smoothed or floated over, and a joint marker (the tongue of which is testified by some of the witnesses to be one* sixteenth of an inch in depth, and by others to be one-eighth of an inch in depth) is run over the line of the joints, marking off the block. The block is thus finished. �Now, this Schillinger patent is evidently a valUable patent. Schil- linger was the first man who ever made pavements of this character. Immediately after its discovery it went rapidly into very general use, and other parties began to infringe. The first infringers, as Judge Blatchford states, eut joints and filled them in with pitch or asphaltum. In the specification of the Schillinger patent the inventer sets f orth : �""With the joints of this sectional concrete pavement are combined strips of tar paper or equivalent material, arranged between the several blocks or sections in such a manner as to produce a suitable tight joint, and allow the blocks to tee raised separately without afEecting the blocks adjacent thereto." �By Judge Blatchford it was held that the pitch or asphaltum, which was filled into the cuts along the joints, effected the same purpose as, and was the equivalent of, the tar paper. �Infringers then tried varions ingenions methods of evading the pat- ent. The next course adopted was the filling of the cuts or joints by pburing in cement, which is one of the component parts of the material of which the pavement is formed, in the same way that the pitch or asphaltum had been used This waa held to be an equiva- lent of the tar paper, and an infringement. �Then it was held that it was not necessary that there should be any material permanently interposed in the cuts or joints, but that if ��� �