Page:Federal Reporter, 1st Series, Volume 1.djvu/731

m'mILLAN V. REES. 723 �vessela," and the claim is for "rotating a capstan placed on deek of a boat by means of an auxiliary engine, when said engine and capstan are placed forward of the steam boilers of said boat, substantially as herein before described, and for the purposes set forth." �Without having amended the application for this patent, the complainant McMillan, on the twenty-fifth of April, 1865, iiled an application for a patent for a "mode for -working a capstan by steam," which was allowed and issued Pebruary 20, 1866, numbered 52,730. The claim in this patent is for "the arrangement of the wheel l, m, n, o, k, j, i, h, e, and d; shafts 6, 5, 4, 3 and B; capstan barrel p; heads q and r, and pins Q; the whole being constructed, arranged and operated substantially as herein before described, and for the purpose set forth." �Are these patents, then,forthe same invention? �1. In McMillan v. Barclay, 5 Fisher, 189, the import of the claim of the patent of 1867 was held to be "operating the capstan of a steamboat by certain mechanical means, actuated by steam derived from an auxiliary engine, where both the engine and the capstan are stationed on the deck of the boat forward of the steam boilers. The mere effect indi- cated is not claimed, for that would be clearly unallowable, but it is this effect produced by means substantially as de- scribed and employed under the conditions stated." In other words, it is for a method of producing a useful resuit to be practiced by the use of mechanism described in the specifica- tion, under conditions therein prescribed. �2. The claim of the patent of 1866 is for an arrangement or combination of speciûc devices, which embraces only some of the devices described in the patent of 1867, and adds others which are not therein described. The specification contemplates the use of this combination in practicing the method described in the patent of 1867, and it is treated and described throughout as an improvement in the arrangement and combination of the mechanical appliances by which that method is to be eïïectuated by securing new aud better re- ��� �