The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880. Page: 75
xiv, 928 p. ; 23 cm.View a full description of this legislative document.
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HOLLY V. VERGENNES MAlCHIN CO.
5. Bemx-SAm--Fonx.-In such case form should not be regarded except
where it is of the essence of the invention.
8. IvmET IoN-ComnmAnToN-Lassam CoxmAian ow.-If a patented inven-
tion consists of a combination of numerous parts, including in it
other new and useful combinations of lees of those parts, it would
seem that the patentee was entitled to the exclusive use of those lesser
combinations, as well as to the exclusive use of the whole.
8harp v. T St, 12 0. G. 1282.
Prouty v. Tuggles, 16 Pet. 886, distinguished.
7. PATmTAmL DEvcES-IFmm M .senT-Patentable devices cannot be
used for the purpose of infringing an existing patent.
8. Imornme1o x-CoxnmAn-ox-VENoB.-The sale of a machine to be
used for the purpose of infringing a patented combination renders the
vendor liable.
Bouker v. Dows, 15 O. G. 610.
In Equity.
Hatch & Stein and W. L. Burnap, for orator.
Roberts & Roberts and L. L. Laurence, for defendants.
WHEELER, D. J. This suit is brought upon re-issued let-
ters patent No. 5,182, dated November 5, 1872, for a new sys-
tem of water-works for supplying cities and towns with water,
and original letters patent No. 94,747, dated September 14,
1869, for a new safety-valve for street water-pipes, both
granted to the plaintiff. The defences are that the plaintiff
is not the original and first inventor of the inventions de-
scribed in the patents, and that the defendants do not in-
fringe. The cause was heard at last term on pleadings,
proofs, and arguments of counsel.
Before the plaintiff's invention, water to supply cities and
towns was, when the supply was located high enough, drawn
into a reservoir and from thence into a main pipe, from which
others ramified through all parts of the city or town, and into
dwellings and other places, to spigots, from which it could be
drawn as wanted for use. In level places, where there was
still an elevation for a reservoir, it was forced by pumps
into a reservoir; and when there was no such elevation
it was forced into a stand-pipe of the necessary size and
height, or into mains connecting with such a stand-pipe,
and the pressure of the water in the reservoirs or stand-__
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Boyle, Peyton. The Federal Reporter. Volume 4: Cases Argued and Determined in the Circuit and District Courts of the United States. October-December, 1880., legislative document, 1881; Saint Paul, Minnesota. (https://digital.library.unt.edu/ark:/67531/metadc36333/m1/89/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.