Page:Federal Reporter, 1st Series, Volume 9.djvu/122

 ONDERDONK V. FANNINU. 107 �right to the invention which his patent describes. This patent is for a combination, the elements of which are conceded to be old. It con- tains four clauses, as follows: �"First, in a lemon squeezer, the convex perforated bed to receive the lemon, in combination with a concave presser, substantially as specifled; second, in a lemon squeezer, the convex bed, with a rim around the same, and perforated, in combination with the concentrator below the perforated bed, to receive the juice and pass the same to the tumbler or other vessel, substantially as set forth ; third, the combination, in a lemon squeezer, of the convex perforated bed, a, concentrator, c, supporting ring, e, standard, d, guide-rods, n, cup and actuating mechanism, substantially as set forth; fourth, the combination, in a lemon squeezer, of the removable convex perforated bed, the supporting ring, e, standard, d, lever, g, link, l, and presser-cup, substantially as described. �In each of these claims the bed upon which the lemon rests while subjected to pressure is described as being a perforated bed, and the language seem to piainly indicate that a bed containing perforations, on which the lemon is intended to rest, is claimed as one of the ele- ments of the combination. This conclusion, that a perforated bed is an essential element in the combination claimed, is fortiued by the language of the specification. Thus, it is there said : �" I make use of a convex bed or surface for the lemon to rest on. The same is perforated for the passage of the lemon juice." Again: "The perforated bed, a, is convex on its upper surface, and it is perforated with numerous holes. There is a rim, 6, around the same to retain any juice and cause it to pass through the outer perforations." Again: "The perforated bed and concen- trator will usually be cast in one piece." �This language, coupled with the language employed in each of the claims of the patent, renders it impossible to construe the patent otherwise than as a patent for a combination,' one of whose essential elements is a bed on which the lemon is to rest while subjecteil to pressure, such bed having holes pierced therein for the purpose of permitting the juice of the lemon to pass through the bed and so into the concentrator below. �If this understanding of the patent be correct, I am unable to dis- cover any infringement of the patent by the defendants' machine, for in the defendants' machine the bed on which the lemon rests while subjected to pressure has no perforations. In the defendants' ma- chine the bed is solid, with a grooved or oorrugated surface so con- structed that it is impossible for the juice of the lemon to pass through the bed; but the same is, by means of the grooves in tae sur- face of the bed, oonducted to the edge of the bed, when it passes into he concentrator around the bed, running between the edge of the bed ��� �