Page:Federal Reporter, 1st Series, Volume 4.djvu/342

828 PBDEBAL BEPOKTER. �that it is patented; but I do not find the plaintiffs'first claîm to be so narrow that a new mode of fastening, operatmg to do the TYork of their screws, would esoape it. Decree for the complainants. ���SiBBBET Cylindeb Oil Ctjp Co. V. Habpbr Stbam Lubbi- �OATOB Co. �{Œr&iit Court, D. Oonneeticut. October 25, 1880.) �L Rb-Isstih: — New Mattkb. — A device was patented as for a lubricator actlng by steam pressure. Subsequent investigation led to the con- clusion that, although steam rendered slight assistance, hydrostatic pressure was the active agent. Thereupon a new arrangement of parts was made in which the latter principle only was used, and tha lecond device was patended. Hdd, that the patentee could not sub- sequently obtain a re-issue of the flrst patent which would cover the method of feeding a lubricant by means of hydrostatic pressure alonë, operating through devices substantially as shown. �2. Same— Samb — DEFnsiTioK. — By new matter is meant "new, substan- tive matter, such as would have the efflect of changing the invention, or of introducing what might be the subject of another application for a patent." Powder Co. v. Powder Works, 98 U. S. 126, followed. Taie Loek Manufg Co. v. Scoviil Manufg Go., 3 Fbd. Rkp. 218, dis- tinguished. �A. H. Evans, for plaintiff. �Henry T. Blake, for defendant. �Shipman, D. J. This is a bill in equity to restrain the de- fendant from the alleged infringement of re-issued lettera patent, which were issued on June 3, 1879, to Nicholas Sie- bert for a lubricator of steam-engines. The original patent was issued September 14, 1869. �The device, which is described and claimed in the re-issue, is clearly explained by General EUis, the plaintiEE's expert, as f ollows : �"This device is an improvement in lubricators. It consista of a horizontal cylinder, in which transverses a piston, to one side of which is attacbed a piston-rod, which passes through ����