Statement of the Case. The answer set up as defenses want of novelty, and anticipation by a number of prior letters patent which were specified, and also denied infringement. The case having been heard on pleadings and proofs before Judge Swan, his opinion was filed on December 14, 1891, dismissing the bill with costs. (42 Fed. Rep. 731), and on the same day a decree in accordance with the opinion was entered. Subsequently the case was reargued by counsel for the respective parties on a rehearing before the Circuit Court upon additional proof. A final decree was entered on July 22, 1892, against the complainant, affirming the former decree dismissing its bill with costs. From the record it appears that the defendant offered in evidence, for the purpose of sustaining the defense of anticipation, the following letters patent and other papers: NUMBER. UNITED STATES LETTERS PATENT. DATE. TO WHOM ISSUED. FOR WHAT ISSUED. 51,284.. December 5, 1865 ....Henry Baragwanath. . Improved means of and Martin Van extinguishing fires. Wisker. 59,847..November 20, 1866...James R. Laurent..... . Improved hilator. fire-anni 102,431.. April 26, 1870........George F. Pinkham... Improvements in fire(Antedated November 2, 1869.) extinguishers. 114,256.. May 2, 1871...... . Christopher Blake..... Improvements in ap paratus for extinguishing fires. 131,414..September 17, 1872...Jerome B. Stillson..Improvements in self 137,330. . April 1, 1873.......................John W. Stanton...... .Improvements in 141,062..July 22, 1873...... ..Hiram S. Maxim.... carbonic-acid -g a s generators for ex tinguishing fires. .Improvements in fire extinguishers. Statement of the Case. NUMBER. DATE. TO WHOM ISSUED. FOR WHAT ISSUED. 141,607.. August 5, 1873..... Daniel J. Tapley...... Improvement in fire extinguishers. 142,488..September 2, 1873....Orrin R. Mason....... Improvements in de 142,637..September 9, 1873.... Finley Latta. 145,134.. December 2, 1873.....John W. Stanton, as-.. signor to J. H. Col- vices for thawing ice from water and gas pipes. .Improvements in fireextinguishers. Method of extin guishing fire in oil and other inflammable liquids. 145,405.. December 9, 1873.... Wear L. Drake........Improvements in fire 146,386..January 13, 1874.....John Dillon.... extinguishers. .Improvement in fire extinguishers, &c. 154,395.. August 25, 1874...... Alexander E. Hughes,. . Improvement in File wrapper and contents of letters patent of the United States No. 147,442, dated February 10, 1874, and granted to John H. Steiner for an improvement in chemical fire-extinguishers, being the letters patent in suit. Record of pleadings and depositions on file in the United Statement of the Case. States Circuit Court for the District of Maryland in a suit entitled Steiner Fire Extinguisher Company v. Charles T. Holloway. The complainant, in addition to offering in evidence the letters patent in suit, also offered in evidence the following letters patent and publication. Extracts from Appleton's Cyclopedia of Applied Mechanics, Vol. 1, published by D. Appleton & Co., 1885, under the head of "Fire Extinguishers," pp. 799, 800. The questions involved in the case and the nature of the controversy are sufficiently set forth in the opinion of this court, but for convenience of reference the specification, claims and drawings of the following among the foregoing lists of letters patent which are especially referred to in the opinion of the court are here printed in full and are as follows: The specification and claim of letters patent of the United States No. 142,488, dated September 2, 1873, and granted to Orrin R. Mason, are as follows: "To all whom it may concern : "Be it known that I, Orrin R. Mason, of Binghamton, in the county of Broome and State of New York, have invented certain new and useful improvements in devices for thawing ice from water and gas pipes; and I do hereby declare the following to be a full, clear, and exact description of the invention, such as will enable others skilled in the art to which it pertains to make and use it, reference being had to the accompanying drawings, which form part of this specification. "Figure 1 is a perspective view of devices adapted for carrying my invention into effect. Fig. 2 is a vertical section. "The object of my invention is to produce a convenient Statement of the Case. compact device, by means of which a jet or stream of heated fluid may be injected against the frozen contents of a water or gas pipe. To this end the invention consists in combining a flexible pipe with a revolving reel or drum, the pipe being coiled upon the drum, the construction of parts being such that the heated fluid can be forced through said drum and any desired length of pipe. "In the accompanying drawings, A represents a box or other suitable vessel, made by preference water-tight. B is a reel or drum, mounted on a shaft, b, which rotates freely in bearings in or upon the sides of the box A. The shaft bis hollow, at least a part of its length, for a purpose which will soon be explained. C is a flexible pipe, of lead or other suitable material, coiled upon the drum B, one end of the pipe being connected with the hollow portion of the shaft b, as at e, Fig. 2. D is a force-pump. E is a pipe connecting forcepump D with the open end of shaft b "By preference I make the joint which unites the pipe E with the shaft in the form of a ball and socket, in order that there may be perfect freedom of movement at this point without leakage; although, under ordinary circumstances, any desired form of coupling may be employed which will permit the rotation of the drum or reel. "The operation of the device is as follows: The force-pump, having been placed in a pail or other vessel containing hot water, is used to force a stream of the hot liquid through the coiled pipe C, the open end of this pipe being thrust into the frozen water or gas pipe. As the thawing out progresses the stream of hot water can be made to follow up closely by unwinding the pipe C from the drum; thus the heat can be applied just where the work is to be done. "When preferred, the force-pump may be permanently placed inside the box A, and the supply of hot water poured into said box. This arrangement will frequently be found convenient when a person desires to operate it alone. "It is evident that a reservoir of steam might be connected with the open end of shaft b, and carried into the water or gas pipe in the same manner as I introduce water through the pipe D. Statement of the Case. "What I claim as new is "The combination of the flexible pipe C with the reel or drum B, having the hollow shaft b and coupling e, through which the fluid is delivered to the pipe, substantially as described. "In testimony that I claim the foregoing I have hereunto set my hand this 31st day of March, 1873. "ORRIN R. MASON." The drawings annexed to, and referred to in, said letters. patent No. 142,488 are as follows: |