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United States Circuit Court.--Eastern District of Wiscpnln, BOWELL et al. vs. LINDSAY Ct al.--PATENT CULTIVATOR. Dyer, J.: 1. A patent for a combination of known parts is not infringed by the use of any number of the parts less than the whole. 3. Where some of the parts of a combination are new and others old, and where the new parts are distinctly claimed as inventions, the appropriation of a part which is new is an infringement. 3. Where a patentee claims as his invention only the combination which he describes, the separate constituent parts of such combination are to be regarded as old or common and public. 4. A combination must be maintained as an entirety. If one of the elements is given up the thing claimed disappears. The different parts may perform more or less important functions, but each and all are essential to make the thing which the patentee has claimed as his invention. 5. A combination is not infringed by the substitution of a new element or of one that performs a substantially diflferenl function, or by the substitution of an old element not known at the date of a patent as a proper substitute for the omitted ingredient, or by a new combination of the existing elements of the patented combination, 6. A patent for an improvement in cultivators claimed the combination of a slotted beam, shank, brace-bar, and bolt, when the parts were consjucted and arranged to ojwrate as and for the purposes specified: Held, that such patent was not infringed by a machine which contained such slotted beam, shank, and bolt, but did not include the brace-bar or any mechanical equivalent for the same. United States Circuit Court.--District of nassacb n setts. PENNINGTON et al. vs. KING.--PATENT SPRINKLER. Lowell, J.: 1. Letters patent No. 303,069, granted to Pennington and Beggs, April 30, 1878, for an inprovement in lawn sprinklers, which describes, inter alia, " the rose C, provided with a number of discharge holes, d, at the outer circumference, which holes are placed in a plane passing preferably through the hole, B, but bored at a certain angle of inclination through the rose, so as to produce the revolving motion of the same by the forcible discharge of the water through the holes," is not anticipated by sprinklers having radial arms which are caused to revolve by the force of the water passing out through one and the same side of each arm, nor by sprinklers wherein the chamber or rose is caused to revolve by forcing the water through perforations in the same side of ridges formed on its convex surface. 2. In the absence of other evidence, a patented invention will be held to date from the time of filing the application, and not from the time of the grant. Polar 01serTatIon. It will be remembered that the ill-fated Gulna/e left at Lady Franklin Bay a number of men to form a permanent colony for arctic exploration and meteorological and magnetic observation. The Government has just chartered the Newfoundland sealing steamer Proteus to convey thither the relieving party under Lieutenant Greeley. The Proteus is described as nearly new, stoutly built for encounters with ice, of about 800 tons capacity, and with engines ctf 300 effective, horse power. Proposed Statue to Uobert Fulton. A monument to Robert Fulton is talked off, to stand on a prominence on Polipel's Island, situated in the Hudson River at the southern end of Newburg Bay. A heroic figure of Fulton will surmount the monument.
