Page:Federal Reporter, 1st Series, Volume 9.djvu/778

 GOITFRIBD V. OBBSCENT BEEWING 00. 763 �son & Symington patent for a method of oleansing, purifying, and sweetening casks, vats, and other vessels. And in a number of later cases, decided by Judge Dyer, and reported in 17 0. G. 675, it was held that the plaintiff's invention was antioipated by neither the Davison & Symington patent; the Cochran & Galloway patent for a machine for removing the inconvenience of smoke or gases gener- ated in furnaoes or fire-places by the combustion of coal or other inflammable substances, and, in certain, cases, for direoting the beat aud applying such smoke or gases to various usef ul purposes ; the Boville patent, which consisted in part of an improved mode of heating a blast by blowing the same partly through and partly over the fire in a retort or fire-proof chamber, and thence through suitable pipes into a smelting furnace; the Neiison patent for an improved application of air to produce beat in fires in forges and furnaces; nor the Devaux patent for certain improvements in smelting iron, stone, or iron ore by forcing a blast of pure air through a fire in an enclosed apparatus, and thence driving forward the products of combustion through a pipe into a smelting furnace containing the ore. In these cases Judge Dyer also held that the Beok machine, for heating the interior of beer casks and barrels, preparatory to pitching them, was simply an imperf ect and abandoned experiment, and could net, there- f ore, prevailagainst the plaintiff 's invention. �Thus far the record in this case presents questions which were ruled on by the learned judges in Illinois and Wisconsin. �The Seibel machine is constructed of strong sheet iron, about eight- een inches high, five or six inches wide, and three feet long. It rests upon four small feet an inch long. A long iron handle is attached to the top of one end, and a perforated pipe runs through and near the bottom of the machine. The machine containing ignited charcoal is inserted in the cask through the man-hole. The nozzle of a black- smith's bellowB is then inserted into the perforated pipe through an opening in one end of the machine, the bellows is manipulated, and the interior of the cask is heated with the products of combustion or gases until the hard pitch or other suitable substance, previously placed in the cask, is sufficiently melted for practical use. The evi- dence shows that this machine was constructed and used by Conrad Seibel, at St. Louis, as early as 1856, where it was generally used by brewers in pitching casks; that it was used elsewhere in the United States for the sarae purpose, and that it is yet so used. The defend- ant also relies upon au essay entitled the "Newest Discoveries," pub- ��� �