Page:Federal Reporter, 1st Series, Volume 9.djvu/310

 DETROIT LUBRIOATOB MANCF'g CO. V. RENCHARD. 395 �drop it is displaced by water from the condensing chamber passing through the water-pipe in a siphon-shaped tube, and dropping from its lower orifice into the glass indicator, which thus at all times shows the continuons operation of the lubricator, until the supply of oil in the oil chamber is exhausted. The steam from the steam-pipe passes by a separate duct into the condensing chamber, and is preveiited by the check-valve in the oil duet from passing through it into the oil cup. The controverey in the present suit arises upon the sixth claim of the patent, which is in these words : �"(6) The combination with the oil chamber and condensing chambers, di- reetly secured to each other, of a water seal pipe, the upper end of which con- nects with the condensing chamber, while the lower portion of the pipe depends into the oil chamber, and the lower end connects directly with a glass indi- cator, the eiids of which have free communication with the oil chamber, sub- stantially as and for the purpose set f orth." �As there is free communication between the oil cup and the glass indicator, the oil and the water stand related as to level in the latter precisely as they do from time to time in the former, and the drops of water, as condensed, fall into the oil cup, displacing the oil, only through the glass indicator. It will be observed that the combina- tion set forth in this claim contemplates the oil and condensing chaoibere as "directly secured to each other." The two chambers are in juxtaposition, the condensing chamber being immediately over the oil cup, the bottom of the former being in a single piece with the body of the condenser, and forming the top of the oil cup, being a diaphragm, the Bupporting stem which connects the lubricator with the steam-pipe being fitted above this diaphragm to the condenser and not intervening between the two chambers. This feature in the arrangement of the parts of the device is material, considering the state of the art at the date of the patent, and limits the claim of the patent in the sixth claim to its precise terms. �Prior to the issue of the Parshall patent, viz., November 14, 1876, there was granted to two of the defendants, John J. Eenchard and J. Vincent Eenchard, a patent, No. 184,426, for an improved lubricator, under which the defendants claim the right to manufacture the lubri- cators alleged by the complainant to be an infringement of the Par- shall patent. In that patent, however, the condensing chamber and the oil cup are not directly secured to each other. The apparatus is attached to the steam-pipe of an engine by means of a horizontal trank. On top of this a condensing chamber is secured, and from the outer end of the lower part the oil cup is suspended. Commuai- ��� �