Page:Federal Reporter, 1st Series, Volume 2.djvu/237

230 FEDERAL REPORTER. �kins, for an improvement in self-closing faucets, which is now owned by the orators. The validity of the patent and in- fringement of it, if valid, are both denied. The patent had heen tried in Zane et al. v. D'Este et al., in the district of Massachusetts, and in Zane et al. v. Peck et al., in the dis- trict of Connecticut, and sustained in both cases. There is evidence in this case of self-closing faucets made and sold by Frederick H. Bartholomew, at New York, before the patent, and, so far as appears, before the invention, which were not shown in either of these cases, and knowledge of which has not been pleaded in the case. The evidence as to those most material has been taken without objection; and the counsel for the defendants argued that, being so taken, it should be considered as if the knowledge it shows had been pleaded. If showing that knowledge as an anticipation was the only purpose for which the evidence could be received, there would be force to that argument; but the evidence was clearly admissible for the purpose of showing what there was in existence at the time of the invention and patent, in the light of which to construe the patent, and as it could not be excluded if objected to, there was no waiver of the right to have its use restricted to the purpose for which it was admissi- ble, by not objecting to it. �There is nothing in the case proper to be considered for the purpose of showing want of novelty that can defeat the patent for what it properly covers, in view of these pre-exist- ing things. �The evidence ahows, and so far it is not seriously questioned, that faucets with valves which were opened by being pulled away from their seats against spriugs, and which would be closed by the springs when the force used to open them was withdrawn, are well known. Sometimea the valves were lifted from their seats by stems, having projections on the upper ends working against steep inclines, as canes. In the orators' faucet the valve is pushed downward from its seat against a spring by a steep, quick-threaded screw, turned by hand, with a swivel to prevent turniiig the valve with the screw which ����