New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-08-04

US W.. , 80 nroSuoirv the same rssufs or any
A, Surtlcn model or drawing " such "a ,nNea,',
,J d, hsy. he.n made in the mschiue shops, msnu.~c
tmi,s sud libraries ct this csuntry ana 'of.sn
Thus much may ,ucice for the exc"'cooo >" ."
"a susse tina, certain parts OF X were'a
..,,d and perfected rs FREDERICK scsee ana
20 him In the Letters granted May ~ lew. Our ms
l.; ,.ss,a % hi. question is TO ascertain tue tiu- con
.,ncSn Of TIA, patent The parties differ on tbs con-
,tructon 81 each Of IFS twociNms .,...,,
The oomplaiosIs nsis, that the arst claim nov mercy
a., ,hs rr,ri,e mechanical arrangement of certain pr
,;culsr clements which described but Tor W. tp'
~ gst;rr the cu,oi Of steam by lifting and tripping the
valves cut 81 the team aud so ,hA, iacIuues w. p
cnl, Of all srrang. m.ns made for the sane purpose -
affecting the ends in substantially the same way va
IN, contrary the defendants mist that IS cn merely
for the combustion Of particular elements cuuc un ~
engines using puppo valves which elements are ISL ln'
yslv. st,m "a The spring or the litter; I'd In. siusF
able sliding piece with It's Wedges all these worsins u.s.
fsy only when combined with the water reservoir wncn
. suhec, of the second claim We think that our con
.,,ucion is sustained by fair and lus coaion VI '"e
passages in the patent, which bear on the question
Thus recital 81 have invented certsn orors@s
in the uga.ncr IL pctinF and ar'dSghg ths dH"
fns for l,Iitg and TiFptEs me aces OF Steam st,7
"and by which the steam can be more reHa"y G" ~
,s,,,d ra,f Of the stroke than 10y fsc mans %rty're
oerfos This language msnif-s,y mp es the previous
existence Of meSus via apparatus OF me stue gse'a'
character producing the sane effect ou less reSay ~,
The new ice ara the application Of the neT improve
ncf =, that apparatus which so previously existed In
other wofds il inples ths' steam %'ridy Gu. III ~ any
d,,ir, par, of the stroke by apparatus Fhch ms ani
trims The valves 10 which existing apparatus tne i"P''e
NIL 1. n, manher ef drrange7eafi Is 10 be applied
So the description Of the Improvement
ne o,..tf s 20 Ss 5, s sSa closed
tins PsI heirs .uoh as WI s ss 20 sot C on b-
s,s, ,s. i as. n: T & .sS By er
The usas way here referred is evidently the usu'l
wsy IN Which the valve stem raised by the Litter ID TIE
cs,. operation Of tripping the valves 10 eject tls GU
/ or If tie steam.
80 also the CLAIM .. l., a..
Having thus fully deserted The mature o. ny asS of@
,, cu,sg no s at aag ,clusd g,. ne .,o' ha as Wbi
M IN s ss 1 bs ee Combined ard .sose ,1ay
,s e nth . s .Pns TRs . snes . md beT
sp,rdse,. cooperate with ZACH other and to eh1e
tripping vav.s and the cutting 9h Of the steam
Ii seems clear that the claim confines the patent u ne
nann in which the ps,ent-e has combined and arranged
frs, The valve second, the spring 10 the litter ird
the dussbe sliding piece with its wedges or incn-d
planes sro their mmd ate appendages TO Wit the 81
dan and setting sores 80 a. 10 CO 'pef@'e WIZ ECU
AID eject what had been Effected by some other n1na
lions ana not in the manrerj the tripping OF the
| valves ana the cutting of Of tue siean
But cur construction of this part of the patent involves
the further proposition that improved manner Of IN Ak
Ing alo constructing the apparatus mentioned 10 the hfst
claim operates usefuly. only WHEN counected with the
water reservoir pSelted uncer the second claim we
proceed to prove this
TIE inventor reci,es thus his second inventions:
And $50 improved ,oerot' and pt"ngs' which .eye 70
re.eTve then in good wo'sns order for great ersto OF time
4 ASat ne clOscs ueoCI PiVu VI NO ocS'"N
By mean. .pp,r.u. the valve. he made .hu.
silently scarcely 20 be heard while the ietafdion 80 peec
be accompanied BY sensible os' OF time as 1t
II thu effect lot only Subsidiary hat abso-
steit essential 10 The main purp ot the hr, ilvenor
viz: tie hitting and tripping OF the valves III re readily
than wss done by previously knOTn Arrangements
Ard then, in his claim Of the second invention, the
paieItte says
ne o. $500 ,.s tb pD or panss s;,aesd to rhe
operating WITHIN a1-sDie cl) or
SECONDARY reservoir 90 . to effect the puPe- intended upon the pm
eipie antially in the herein desc rbed
1t thus clear that the apparatus covered by the first
csm the apparatus covered by the cpDd claim were
intended be combined aud that they NUT be combined
70 fleet the main pupDse viz the cut OH by htng and
trppitg the valse. For if the valves wn-n tPped, las
described in the fret claim should thsn ia to e seats
without being checked by the device covered oy the sec
ond clam The sl.miDg OF the valves woult be defect
ou'weighng all that g.in-d by the neg minnsr OF
uippIg and CO. the whole apparatus would be practically
useless
Ag.D the newly invented water reservoir is entirely
use except when is applied 10 the ling aud tipping
C rGpJ-fr1IUt in the apparatus before kn"Tn 10 mthln
sls which DteLdtd 10 improve by the Invention OF
new manner Of arrangement
This latter point IN our construction of the first clause
tss ben uocially sanctioned His Honor, Judge Bets
in an action the patent several years ago, nsrdc ed the
Jury TO inquire Whether the plan OF picking up the
IT, valve catching H. Described IN the patent IA con
ne'toH Nin he sec0Hda'y ,e'ero', was the nventn OF
"ibe pstentee' So also His Honor, Mr. Justice Wood
bury in action on this patent in the Rhode Island Dis
Itriet. Instructed the jury as follows:
"1he plaintiff. pstents foI eOme1son Of Psrteql,r elements
ihe 'a 'ie" The pstns On the Iys ae @ g
y Only m combined uth ne dier re'erto dsc' BED an1 TO
ss Or I noe u eq oR iSeo sHd i6e mast
H. opesd substantially 10 the descbed
lin the YiaiLuE' specification"
The construction adopted by the learned Judge is
su'a by The reports this occasion. Truenan Cook,
lore Of the complainauts witnesses, says
P ':Dne ed. Ss s u and Psds ss sen Of
ss ,,,,t sesS BE- sod 18th uncertsnty Of acton aud in
creased Inability to dersuseuent Of the par's'
William L lIlbbAro one OF The defendants witnesses,
whl tie irsi par, Of machinery the
clemens refined TO- vOk ueu except in connection With the
combined in the described the
. .hort time"
&c. sl.o William Ray mond Lee one Of the defendants
whptsfes, ~ AZ an-wtr- the -sme question thus:
IL will exhibited in model B. The Arrangement involves
valve would suffer maternal injury beilg permitted u drop
thus we have sustained our construction OF the first
claim in Sctlts Patent
Tie ants contend that the second Ct aim (which
need be Gated her. meaOi OF preventing
the STRIKING Of the valves, by Of reverson
tsibIg Any other hud, compressbl- moon
Vsye stem is attached enters and preventing the escape,
Of The uid Is Itself heieoy arrested On the contrary the
oe.noens Insist that the claim Is for mere technical
bbaOB The piston plunge attached 10 the valve
stem With reservoir Of wafer, U, or sons other tald,
ike ilem IIooupressib. sppii.d aud operating Tor the
sole purpose Of checking At certain stage the Descent of
iupytt valves ia cutting steam and thereby preventing
Them ir, N slammirg Oh their seats.
We thin that structon is the one that is egi
ma. derived from the language OF the patent First the
recits;
also s proved ayerror and plunse which serve, 70
py,I te an ns OF the valves N closing add B
So. ID The 6,sC, iJtIOs of tins iuv-Ut"n
The reservoir j. contain rate oL other agid,
y -, sSA' nos % RS zoe 'SHss nSs
yavehke shds cad
ne to.iion beng the ode de-