The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-09-10
hammer against the bell and another to III
stantly withdraw il,
THE PATENT OF MorYYrr K pEANE.


Moflett & Dcane use pinion to drive the
registering apparatus !: Fountain uses no
pinion. Fountains instrument Is portable,
and contriyed especially for the purpose or
registering fares taken on public convey
anccs: while MoiIctt Il Deane's is intended
to he stationary, and is contrived for the
PURPOSE OF tallvinS drinks taken IN bar
room.
! Fountain, in his specifications, claims
| that his invention is an Improvement In
| farc-registers,' "adapted to be carried in
the hand" consisting in an arrangement
and combination OF parts whereby full and
half fares are registered, and an alarm
sounded as rapidly as collected by the con-
ductors." having son its face one dial and
two separate hands"
| In his specifications he speaks OF his IN
strumcnt as nothing more than fare-reSi>-
ter; and in alluding to devices for register
| ing htndredS, thousands, and ten thousands,
he expressly declares that these "fornl no
part of his instrument, thus indicating
that his instrument was intended only for
iare-regiStcr. These latter devices are es-
| scntial parts OF Motfctt i Dcanc'S register.
Noflett d Dcanc's organization and combl-
nation OF old devices is also for special pur-
pose, and that purpose one which was not
contemplated by Fountain, and for which
Fountains contriyancc could not be used
conveniently without material alteration.
I think the doctrine Of Alr. Justice Cliff
ford and Judge Clarke, in Cromptop rs.
The Bclknap Mills ct a., Is sound one:
that when the patent is for 4 peculiar COM
bina,ion OF old devices the patcntcc cannot
insist upon mechanical equivalents.
| In general mechanics the pinion may be
the equivalent OF the worm; but when one
! ftpi n e
vice, including the worm. another inren-
ton OF a combination including the pjnion
differs from it in the very fact OF using the
! pinion. Ii would be almost absurd to hold
| that Il patent for q particular manner or
using the worm would be infringed by q
patent for Il particular manner Ct using the
pinion. We were taught at school that the
lever, the windlaSS, and the pulley are all
one and the same in the mcchanl-
cal principle involved; yet combi-
nation OF several devices, OF which pul-
ley should be one. might not. in fact, even
remotely resemble combination in which
lever or a windlass should be used. /
think it is just ruling OF the courts that
mechanical equivalents cannot be insisted
upon in inventions which consist of the
| mere arrangement OF old devices.
TIE DECISION.
! ne same SpcIllS " llc W w tHC S''et " ilii
regard to the purpose for which cOmbna-
| ton is invented. The invention of new
device is in general patcntable without re-
ference to the object it is designed to accom-
plish, and is good against any subsequent
| invention OF the same device designed for
any other object.
but it seems to NE that this is not neccS-
snrilv the case where the invention is merely
OF Il combination OF old devices. In such
| inventions the purpose aimed at. the form
OF the structure. its portableneSS or nom
portabcncsS, whether it is to be used as
fixture or carried in the hand, arc elements
which, though any one OF them might not
determine its character with reference to
another invention OF combination OF de-
vices, yet altogether might unite to constl-
tute it different instrument.
I repeat, however, that l do not wish to
be considered as concluding myself or the
Court in its decision at the final bearing. 1t
Is sufficient for me to say that the complain
ant has not made Il primd tdcie case so
strongly in his favor as to warrant the Court
in awarding preliminary iniunction; and
the motion is therefore denied. The order
denring the motion will also dissolve the
temporary restraining order which was
granted on the Sth OF August, and put the
defendant under bond to account for the
number OF instruments manufactured by
him and his receipts from their sale.
The bond OF the defendant must also be
given with reference to the great number OF
suits which complainant may be obliged to
bring in the event OF decree in his favor
at the final hearing.
BONDS.
In accordance with above opinion bond
was required Of the defendant IN the penalty
OF 100000, condition rs indicated.
The cause was continued for final hearing
at Richmond to the 18th day OF October
during the fall term here Of the Circuit
Court.
Views and Feelings in Richmond.
Saturday evening about ) O'Clock Auditor
Taylor received 4 telegram from Attorney
General Field and Senator Grimsley, at
Alexandria, Stating that Judge Hughes had
refused the injunction in the Motfett-reSis-
ter case, and that Mr.. johnson, the manu-
iacturcr OF the registers. and General Field
would be in Richmond Monday morning.
" Be ready to put up every register, tney
ordered. This information was promptly
bulletined at the Dispatch Office, and the
news was not long in spreading throughout
the city, and soon reached nearly all OF
those most directly interested.
There had been for several days intima-
tons that Judge Hughes would decide in
favor Of the State, aud many liquor-dealers
were quite prepared Tor the announcement
OF the defeat OF their proceedings. Others,
however, were up to the last moment
strong in the faith that an injunction would
be permanently granted against the use OF
the Moffett registers by the State, and that
the hated machine would never be forced
upon them.
HOW THE NEWS WAS RECEIVED.
AS may be supposed, after the efforts
made to defeat the register, the intelligence
OF the States victory was not very ioyfuly
received by the liquor-dealers. Yet there
was general acquiescence in the result: the
situation "was accepted" with rs good
grace us could have been expected ''under
the circumstances.
Zetele was astonished when told OF Judge
Hughcs's decision. "Is that so?' ask ked he.
"Ies; it is certainly true responded our
reporter "Then we shall obey the law"
he said. And then in his own charming
way he began to solloquize as to the money
that had been spent in the opposition.
Mons. Zetelle was not prepared to say what
course the dealers would now pursue as to
increasing prices, but assumed that they
would he raised.
Mr.. William Euker heard the bad news
with q smile on his rosy countenance, and
seemed disposed to quietly yield to the reg
listers, since come they will. He stated that
it was likely the saloon-keepers would in-
crease the price OF alcoholic drinks from
ten to fifteen cents, or two drinks for
quarter. He couldn't say what would be
.:kl. fp nCrn e-