, 1874-01-20

THE FIITE1-wEIL.
Judge Blodgott gave an interesting decision
yosscrdny In tho United States Circuit Court,
upon tho quoationH ut issue fu tho noted patent
caso Of Tillotson md others against H. @. Num-
son, for alleged infringement Of patont, the
article patented being tho 1ltor-woll, III common
use In suburban TOWN.. Tho bill alleges TINT,
April 8, 1866, II. II. Dewey md Z. N. Iilloteon
obtained q patent for an improved ltor-wel.
Oct. 25, 1870 the lettors patont were surren-
dorod, aud isauod to L. N. and W. e. Tillotson.
In thcso rc-issucd letsors patent. tho patontecB
sol forth that tho inyention consists
iu inserting within tho bottom Of the we'll
a cylindrical receiver, or vessel, closed ut
both ends, with its sides perforated with
series of small aporturos, for forming COM
mnuicnlion botwoon tho inside md outside, 30
that thu wator surrounding tho vesaol. or COIL
tainod In tho stratum Of earth In which 1t may
be plncod, can froofy pass into 1t, whilo. at the
same timo, tho entrance OF Bana and other
debris is entirely prevented, tho inside Of such
vossol or receiver boing divided into two or moro
separate compartmcnts by concentrated por-
foratod partition plates, In tho outor ono Of
which compartments may be piacod charcoal or
othor altoring substance for cleansing tle water,
pino being connected with tho innor chamber
tho outor chamber tloy placed sand, aud. in the
noxt, charcoal or other Altcriug substance. The
wcll could thon DO completely buried, tho Pipe
bong the only connection with tho surface.
Tho claim is in it's application as buried
water-rcHoryoir, tho filter in tho bottom Of tue
we'll consisting OF the perforated cylinders and
tilte tug spaces as above sok FORTH through which
tbs water is filtered ind altorward raised to the
surface by the pump through the connecting
pipo. Tho bill then alleges Infringement, aud
clnims an Injunction and damages.
Tho a1lawer denies that 1ilIotBon Il Dewey
woro tho original and first inventors ct tho do
Yice described in the first letters patent and In
sis.a that substantially the eamo thing Ind been
patented and described IN letters patent iasuod
by tho Government OF Belgium to Edward
Andrus, dated nTaroh 0, 1864, and bv
United States lestors patent Issued by
tho United Statca to Edward Andrus. dated
March 28. 1866. to ]. +. Bump, Nov: 2S. 1865;
to ]. g. and NV. Campbell, jan. .. 1866; and
to ". D. Bartlett, Feb. 10, 1860. Tho answer
also donies that tho wol1s mado by tho defendant
tufringo upon tho patont Of tho coErs.aiuauts.
Proof was taken upon both tho Issues pre-
Bontod by tho answer. and the case we'll argued
upon both Of those issues.
Upon tho question of novelty, the proof
showed TINT I,atent Was isano1 Feb. 70, 1850.
for au improved cstern, to W. D. Bartlett, which
presented tho exact features Of tho we'll known
IL the Tl1iotHon we'll, except that there wak
air-pipo communicating with tho outer air, on
Tho supposition tint tlls WINS an essential for
drawing water, Hero was lad, 1866, filter
wcll certaiuly, perhaps not as perfect
Hltor-wcll rs that of The complainant, but still
litter surrounding the reservoir from which tho
water il drawn. By the patents isstlea to Ed
ward Aalr1s, by Belgium, dnted Feb. Q, 1864,
and in this county. March 2s, 1865, n filter ii
described constructed In all csscntai features
exactly like complaina0t's titor-well. It il true
tbat, IN tho original patent, tho complainants
sre not Obliged 10 have more than Quo spaco for
tiitoring material, but in thoir rcissuod patent
they required more than ono, so that cannot
consider that the reissued patent is nuy way OBJ
noxiouH to the charge of want of novelty.
burypr Of Ills lis 1ter.Wo M but iii otson does not
scauro them 10 be 30 treated in order to be
lscd. They Sag it may DO no treated u if dosir-
3D." All Dewey and Tillotson haye done is to
take all Andrus Hitter aud bury il in tie bottom
Tired"
Bartlott had conceived tic idea Of hurying
Gltcr in the bottom Of the vol long bofoio the
Andrus, or Dewey. or Ti1lotson patents. After
reservoir or 1lltqr in The water stratum. But 1t
has been streuuousy urged by tho counsel
for complaiuantB that their buried filter por-
forms dllreront function from that Ct Dtrtlolta,
because external mir being excluded, the atmos-
p!lcrio pressure bearing upon the water in tho
oarth III utilized, and tho moment a vacuum il
created 10 tho wator-clamlor by withdrawing
tho water by tho pump, the atmospheriopress,l
drives tho water through tho filler into tue
water-chamber, while in HI open we'll it would
only pass iii by the Flow process Ut filtration.
Tho experiments In the prosenco OF tho Court
shows this to bo tho case. But tlliB is not -
feature peculiar to the co.nplalnantR' well. All
Wells a %ao Sy ioreag 'nsy ppe o tlo
earth till tho water-bearing stratum
is reached, and tllcn d~awing out
the water through small pcsforations Mt Or near
its lowor ond,-operate upon precisely the Han.e
mosperlo pressure Ia concerned. These dive
wells arc shown in the patontH OF ]. fl. Bump
and ]. g. l. ". Campbell, referred to in the
answer, aud shown in tho proof, although it
used long prior to Bumps aud Campbolls
ratens. 1u inct, tilo wator-cllamter" of COM
painauts' md Andr,,s filters. ia only an
enlargement mud prolongation of the
g inneon anu 80 Far N driving S ni liz
wntor from tile earth is concerned, than the
straight pipe perforated ut or near Its lower ex-
tronlity... And the improvement covered W the
wire gauze around tho lower ond Of tue plpo,
which TO some extent acted as lllter.,
Wo fuil. then, to discover, from tho proof,
TINT Mr. Dewey atd A1r. TillotBon have dlscov-
and tliIor is oDartlott's. The tlIter complains
willie the simple straight 'pipe driven
into tie water stratum utillzeH the
atmospheric pressure to the SAME extent TINT
tho complanans Improvement does. 50 TINT
link wo may ray thar, III tho light Of tho owl
scncc. there il nothing now In tho conlpalnants'
device.
Tnis ytow upon the question Of novelty makoa
it unnecessary to consider tile evido,iGa appIlcao
bio to the issno OF infringement. Tho bill will
tllolefore 10 diB1nissod.
rl1r PENALTY FOR usunY.
Judge DlodgGtt rendered. a decision yesterday
who!, ID Of interest, since 1t involves tho aw IL
regurd to uauty. aud The Character Of creditors
clnin in proceedings Of bankruptcy.
Tho point came up on exceptions to tho Reg.
iatcs's renort to the alowauco OF the claims Of
N. nIcBlilo for s5l0.6o and tho allowance Of
tllat of J. W. Lawrence for $3, 900, 10th against
lilo estate, Of Martin Present. thu clalln oi
Mcbride was allowed in full BY Judge B'oagott.
but iu refereuco to I4Awronce's claims Ile taid
It is made up Of two 4tcsnH; First, note Of $3ol
which Lawrence hYne1 " suru'y with anl for tht
bankrupt 4llsi wlith he has fuzzy paia second, tue
liz uuat ii It hsfors tho as5Nacaton, On which iii
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