Page:Federal Reporter, 1st Series, Volume 9.djvu/308

 DETROIT LUBRICATOB MANaF'G 00. V. EENCHAED. 293 �who was to buy the machine, and that it was shipped to be sold if it suited; that it was afterwards shipped and returned to Adrian. There is also evidence tending to show that complainant, in 1872, endeavored to sell this same machine to one Wiggins, and although this is denied, the matter of the sale of the machine when perfected seems to have been made the subject of a conversation between com- plainant and him. The machinery was afterwards rebuilt and sold a short time within the two years before application was made. On the whole, the evidence, I think, establishes the fact that this machine was on sale more than two years before application was made for the patent. �The question whether the offer to sell a single machine would be sufiBcient to avoid the patent was not discussed, and I express no opinion upon the point. �It results that the bill must be dismissed. �Since this opinion was written my attention bas been called to an interest- ing article upon reissued patents, in the November number of the American Law Eeview. vol. 15, p. 731, in which the learned writer draws the same in- ferences which I Lave from the recent adjudications of the supreme court. ���Det&oit Lubhicatoe Manuf'g Co. v. Eenchard and others. (Gireuit Court, E. D. Micidgan. August 15, 1881.) �1. Letthiis Patent— Impeoted Lubricatoks — Anticipatioii. �A mere drawing, not followed by construction and actual use of the machine, does not amount to anticipation. Heid, tlierefore, that the letters patent granted May 22, 1877, to Charles H. Parshall, for an improvement in lubri- cators, is not anticipated by the drawing of J. V. Kerchard, which bears date August 10, 1876. �2. Same — Same. �A lubricator, with metal oil cup, glass indicator, and a tube shaped lilce an inverted syphon, whereby the condensed water can drop into the oil cup through the indicator, not admitting of the passage of the oil into the con- denser, but forcing it into the engine it is needed to lubricate, which is efFected by an arrangement of the parts by which the condenser and the oil cup are brought into immediate contact, so that the water-seal tulte may conduct the condensed water into the body of the oil, and thence upward again so as to discharge directiy into the indicator, while it may not effect any new resuit, does attain the same resuit in a better mode than was known before. and is theref ore a valid subject for a patent. �In Equity. ��� �