Page:Federal Reporter, 1st Series, Volume 9.djvu/167

 162 TEDEBAL BEPOBTBR. �Chalmees Spence Patent Non-Conductob Co. v. Pierce and �others.* �{Circuit Court, E. D. Pennsylvania. August 15, 1881.) �1. PaTBKT — InFBINGEMENT— COVEEINO FOR BOILBB. �Patent No. 55,598, for an improved mode of covering steam-boilers, consist- ing of a covering of felt, supported on an open metallic frame-work separated frora the boiler by studs or struts, Tidd, to be. infringed by a covering of felt, supported on a metal jacket, so punched that it is full of V-shaped points; which separate it from the boiler. �Hearing on Bill, Answer, and Proofs. �This was a bill for an injunotion against the infringement by defendants of letters patent No. 55,598, issued to John Asheroft, under date of June 19, 1866, for an « improved mode of covering steam-boilers or pipes." Befend- ants denied the infringement. PlaintifE's invention consisted in covering steam-boilers with a covering of felt, supported on a frame-work of wire or small iron bars, forming an open frame-work removed a short distance from the boiler and supported by studs or struts. Defendants' invention consisted of a covering of felt, supported on a sheet-iron metal jacket, so punched that it was full of V-shaped points, which touched the surface of the boiler and held the jacket equidistant from the surface. �E. B. Barnum, for complainant. �J. R. Sypher, for respondents. �BcTLEE, D. J. In a former suit (against Camp and others) the court passed upon the plaintiff's patent, and held it to be valid. The only question now involved is that of infringement; and this was de- cided against defendant on the motion for preliminary injuuction. Comparing the two devices, we found no material difference between them, and McKennan, G. J., then delivered the following opinion : �" There is but a single question, and a very narrow one, involved in this hearing. It is admitted that this patent is valid, and that in so far as it wa,s rendered valid by an invention of John Asheroft, it is not in question upon this motion. It is alleged, and has been argued here, that John Ashcroft's invention consisted in the devising of this jacket and its support upon the outer surface of the boiler to be covered. Now the patentee says this 'frame- work, c, can be easily constructed or built up of wire, small iron bars, or gas- pipes, unwelded, forming an open frame-work with meshes of the size of the metallic bars used, for the size of the meshes must depend upon the size of the boiler, or pipe, being a matter of mere judgment.' The claim of the patent refers to the construction and operation of this jacket, as it is to be constructed and operated, substantially as described in the patent ; that is to say, an open frame-work supported on the boiler by appropriate studs. ' This frame-work must be supported by suitable studs, or struts, which can be constructed in �♦Reported by Frank P. Priohard, Esq., of the Pliiladelphla bar. ��� �