Page:Federal Reporter, 1st Series, Volume 8.djvu/776

763 FEDERAL REPORTER. �lators composed of a terrel, a pistcm loaded with weights, and pipes Connecting the barrel with a pump . and the cylinder of a hydraulic press, were employed for the parpose of facilitating the use of hydraulic power prior io the plainfciff's invention. �The .plaintif! haa presented evideiice by which he has endeavored: to show that he is the inventor of an improvement upon the existing aocumulators ; such improvement consisting in a change in the loca- tion of the weights from above the piston to below it, so that the pis- ton is pulled down by weighls attached below, instead of being pushed down by weights placed above. It is not pretended ithat the plaintiff ^ was the first to devise and employ aocumulators in connection with hydraulic power. His invention, acoording to his own testimony; consista in intfcodaoiHg into the aocumulators then in use a new featuro, uamely; applying power' fo the ; piston of the accumulator from below instead of from above. > - �: If it'bis assumed that; this modification of Ithe machine was original with the plaintiff, and if it he also assumed that the ehange in th& location of the weights from above the piston to , below it was- more than a mere mechanical change, still the plaintiff oannot recovejr in this action, because it is impossible to uphold the patent upon which he sues. The only exclusive: right that the plaintiff was entitled to Securebyi patent iveas the right to his improvement, But his patent is not so limited. There is no language in the patent capable of conveying: the idea that the invention consista of .an improvement upon fin existing machine, and is limited to the use of the rights of such a .machine in a» particular way. Thus, the claim is as followSii �"I claim as my invention the power accumnlator and regiilator berein described, composed of the barrel, C, piston, D, rod, a, weiglit, c, and pipes, d, /, for Connecting the barrel with a pump and hydraulic cylinder, the whole combined and arranged for and substaptially as herein set forth. �Here isnothing to indicate that the plaintiff's inventipn is confined to the method of using the weights, and there is no attempt what- ever to distinguish the'new part from the old. He daims the entire machine. �The specification conforms to the claim. After pointing out a difSculty found to exist in employing a hydraulic press for pressing hats, the specification states that the'object of this invention is to obviate this di£Eiculty,>and, consists of a novel mechanism to be inter- posed between the pump ahd the hy^raullc cylinder. A drawing is there referred to.as "a drawing of the mechanism embraced in my invention, and a description of it is given ia the; specification." This ��� �