Page:Federal Reporter, 1st Series, Volume 8.djvu/839

CAIiIFOEKIA AUTIFICIAL STONE PAYING CO. V. PBRINE. 825 �the joints were made during the process of formation by inserting the trowel or other instrument, cutting a joint substantially as was done in this case, then the complainant's patent was infringed. It is something very like the infringements just described that the respondents in these cases have been doing — filling in the cuts with concrete composed of cement and fine gravel in equal parts, instead of with pitch, asphaltum, or cernent. �In the laying of this pavement by these respondents, the first course of cbarser material, being tamped down solid and allowed to partially set, is then in a solid condition ; is compact ; and when thp trowel is run through it makes an open joint to the <extent to which it cuts. Now, instead of pouring pitch, tar, asphaltum, or cernent into the open joint thus made, the respondent, in each of these cases, simply takes an instrument called a float, and smooths over and into tlx,e eut the material on the top which bas pa,rtially set, and which is composed partly of cement and partly of gravel ; that is to say, the same material of which the layer of the block is composed. This material does notconnect the adjoining blocks so perfectly as cernent would, because the cernent would bind them together more strongly ; and this composite material is net tamped in, but goes in loosely, and the material in the joint is therefore in a very different condition irom the like material which is tamped down in the body of the blocks. It is floated loosely into the joint when the material of the block has partially set, so that it is in a different state of consistency, not likely to attach itself firmly to, and be solid with, the adjoining material in the blocks. The material in the joint, therefore, is not homo- geneous with the material composing the blocks; its structure is dif- ferent; it is less compact; looser in its texture; it is less adhesive; it is less permanent ; it has '^ntered the opening in a different state of consistency ; it is different in its chemical structure, the material having partially set ; it is matter interposed in the joint made in the process of formation ; and I do not ses why it does not answer the purpose of cernent, or asphaltum, or pitch, or of the tar paper. Thero is an open joint made by the trowel in the process of formation, and it is filled by the substance interposed, which does not adhere so firmly but that the pavement is much weaker along the line of the joint than in any other place. Although this interposed substance may, in Bome degree, adhere to the edges of the adjoining blocks, the re- spondents get, to some extent, at least, the benefit referred to, and the further benefit of controlling the cracking from eontractiop o* tbfl •concrete composing the pavement. ��� �