Page:Federal Reporter, 1st Series, Volume 8.djvu/333

STEAM GAU.GE & LANTERN CO. V. MILLEB. 319 �menced the manufacture of "No, 99," a lanterfl in which tubes dis- connected with each other admitted only external air, the products of odmbusticm being ejected through an annulat space at the top of the lantem. The construction of the tubes and deviees for the ad- mission and emission of air was similar to that pf 104,318. A» application for preliminary injunction of this oompany's agent against infringement of re-issues 8,611 and 8,598 and patent 104,318, was heard before Judge Blodgefct, who refused t^e motion conditionally, in case the defendants should file a bond of indemnity. Irwin v. Mc- Roberts, il&O. G. 853. The litigation then proceeded earnestly. Proofs were taken on both sides, and the case wasabout ready for trial, "whenithe defendant's counsel eettled the litigation by the par- chase, from the o-wners, of one-half of the patent of their one-half interest and their tools and maohinery, for $105,000, and by the purehase. from 6aid Irwin of bis one-half interest in the causes of action, and of a soie license to^nanufacture and sell under bis one- half interest in the patent for $105,000, subject to the rights of Eobert E. Dietz, a licensee in thq city of New York. This corpora- tion subsequently became the Steam Gauge & Lantern Company, one of theplaintiffs herein. �The defendant is manufacturing and selling lanterns called "No. 13 "and "No. 14," made under letters patent to Leonard Henkle, dated November 11, 1879, and to Eussell B. Perkins, dated September 14, 1880. These lanterns have elevated tubes outside the globe, discon- neoted with each other, and for the admission pf fresh air only, There are peculiarly-shaped injectors at the mouths of the tubes. The tubes not being within the globe, the part analogous to Plate I cannot serve as an injector. It is an ejector only. �Lanterns Nos. 13 and 14, and No. 99, are external air-feeders. The lantern under patent 73,012 is an internai air-feeder. The lan- tern under patent 89,770 is both an internai and an external air- feeder, The siipply of external air was its important feature, �It is insisted by Mr. Irwin that, when used aa a lantern and ex- posed to the wind, the external currents of air only fill the tube, and to that extent the statement in the original and re-issued patents of the philosophy of the mechanism may be incorrect. The limits to which I think that I am confined upon this motion prevent a consid- eration of this part of the subject ; but although the patentee thought, at the dates of the invention and of the re-issue, that heated air would always be a cumulative supply, it is plain that he stated in the orig- inal specification that, when the lantern was oscillated in the open ��� �