Page:Federal Reporter, 1st Series, Volume 8.djvu/286

272 FEDERAL REPORTER. �made, or that Green did not invent what he claims. It alleges that the same invention was "in public use for more than two years, in the United States, Canadas, and Great Britain, prior to any claim" for a patent having been granted to Green, and that all claims of Green "as the first inventer of such new process of constructing wells was abandoned by said Green, from sudh lapse of time^io the public." There i^ no allegation that the invention was in public use in the United States for more than two years before Green aipplied for his original patent, or that any use was with his consent or allowance, orthathS: abandoned the invention, to the public in fact, 6r other- wise than inferentially from 'the fact alleged that it waa in use for more than two years before his original patent was granted. The answer aleo sets upthe existence of various wells, at various places, at datees prior, to Green's application f pr his, patent. It alleges that in April or May, 18G1, there was put down at Indepen3,ence, lowa, — ,^ �"A well made by driying down into the earth an irou pipe or tulbe shod with iron or steel point, with perforations in the tube above the point, with- out a screen over the same, and sections of tubing attached as driven down, until it was projected some feet into the water, and to the top of this was attached an iron pump, and the same was used for pumping water through, and was probably used at such place from April or May, 1861, until some time in July or August, 1861, and was known to and used by " (certain per- sons named;) and that "there, was also put down inthetown of Preble, Cort- land county, New York, a well on the farm of Mr. "William E. Talhnan (now dead) in the summer of 1859, by using an iron tube, one inch inside diameter, and perfprating it with small holes at the lower end for about one foot, and by heating and closing the lower end, so as to form a point to exclude the earth while driving. The pipe, af ter being thus prepared, was used by either first driving down an iron rod, and withdrawing the rod, and then driving down the pipe in the place where the rod was withdrawn, or by driving down the pipe without the use of an iron rod, and attaching sections of pipe by screw coup- lings, as driven down, till it was projected to a suitable depth into the water- bearing strata of the earth. An iron pump was then tightly screwed to the top of the pipe, and, by the use of a pump so attached, water was raised for use, and a frame was built over it, on which was constructed a windmill, so attached to the pump as to work the pump when the wind blew, and raise water through the pipe for watering the stock of said William E. Tallman's farm, and was used by and known to the public; and the same was worked by the windmilli and used for raising water, as aforesaid, for four years, till about 1863, when the pipe was taken up, and was publicly used and known to" (certain persons named.) �The answer does not allege that the use of the wells at Independ- ence and at Preble preceded Green's invention. Finally, the answer denies a:ll parts of the bill not before fully answered. The answer ��� �