Page:Federal Reporter, 1st Series, Volume 2.djvu/704

SHARP V. TIFFT. 697 �complainant's improvement is a patentable invention; and strongly confirmatory of this view is the evidence showing the favorable acceptance by the public of the improvement, and its recognition and adoption by the trade as something new and meritorious. �Upon the whole case I am of opinion that the complainant is entitled to a decree. �Let a decree be drawn in his favor. ���ShABP V. TiFFT. flireuît Gowt, 8. D. New York. May 8, 1880.) �Patent — New Parts m Patekted Combination — liWBiKaBMENT. — It is an infringement to use in combination any of the new parts of a patented combination. �In Equity. �A. 0. Briesen, for complainant. �B. F. Lee, for defendant. �Whebler, D. J. This suit is brought upon letters patent No. 50,938, issued to Thomas J. Kelly for an improvement in burners for gas stoves, dated November 14, 1865, and re- isBued to the plaintifï No. 6,833, dated January 4, 1876. �The defences set up and relied upon are that the re-issue is for an invention different from that described in the orig- inal ; that, if not, Kelly was not the first inventer of ail the material parts of the invention patented; and that the defend- ant does not infringe. �In burning illuminating gas for beat it is desirable to mix oxygen with it to obtain a better and more economical effect ; and this is done in a handy way by drawing common air con- taining it into the burner with the gas, and combining them as they pass out to the flame. This was done long before Kelly's invention by bringing the gas into a tube at the lower end open there for admitting air also, and having a diaphragm above, perforated like a sieve, through which both would pass ����