Page:Federal Reporter, 1st Series, Volume 8.djvu/920

 906 FEDERAL REPORTER. �level with the flame, the chimney is abruptly enlarged outward, at or nearly at right angles, to any suitable degree, so as to afEocd a larger space for the flame to spread in ; and this horizontal portion, c, forms a radiating surface, through which the light is freely reflected downward from this enlargement. The chimney tapers upwards towards the top at any suitable angle, where it may be of any desired size, the sides forming straight or nearly straight lines. By the above-described construction an unusually large and expanded flame is produced, which is net only very steady, but not easily blown out by a blast of air. The conical contraction upwards makes the drafl regular and free from eddies, and, should a puff of smoke suddenly start upwards, it is not thrown against the inside of the chimney, bat passes out freely without coni- ing in contact therewith." �The claim is as follows : �"A lamp chimney having an abrupt or nearly right-angled enlargement on, or nearly on, a level with the flame, in combination with the conical sjdes and contracted opening at the top, substantially as set forth." �It is plain that the abrupt enlargement is required to be about on a levai with the flame. In the drawing this resuit is secured by hav- ing a straight circulai flange on the lower end of the chimney, which raises it up so that the abrupt enlargement is about on a level with the flame. If the chimney were sunk by dispensing with the straight flange, so as to bring the abrupt enlargement substantially below the level of the flame, the structure would not be within the olaim. �The deience in the case is alleged want of novelty. Mayer testifies that while he was in the employment of Christbpher Dorflinger, a glass manufacturer, from 1852 to 1862, Dorflinger made and sold "thousands of dozens" of lamp chimneys "haviiig an abrupt right- angled, or nearly so, enlargement at or nearly on a level with the flame, with straight conical sides and contracted opening at the top;" and that they were packed and shipped away to customers- Not a chimney then made is produced, but a chimney freshly made (No. 5) is produced as showing what he says was then made. It is a chim- ney which contains the plaintiff's invention, if used with the enlarge- ment about on a level with the flame. Mayer says that three sizes of the same shape were made by Dorflinger; that they wore made in 1858 and part of 1859, by Dorflinger; and that they were made and sold from 1865 on by the witness and one Koelsch, as Mayer & Koelsch. He says that those made by Mayer & Koelsch had a lipon the bottom — that is, a horizontal lip, extending outwardly from the bottom of the straight circular flange ; that they were made by Mayer & Koelsch for Henry Eussell & Cq., from wood models furnished by the latter, and were not made by them for any one else; and that they made about 2,000 packages of them from 1865 on, for at least 10 years. Mayer & ��� �