58 F. 182 | 7th Cir. | 1893
(after making the foregoing statement.) “My present invention,” says the patentee, “consists i-ft the arrangement of a basket, a shaking grate, and the means applied for supporting the parts within Ihe lire pot of the stove; also, in the construction of the parts that enable me to use a coal basket cast integral, one that may he readily inserted or taken out through the stove door.” But it will be observed that no one of the claims is so worded as to cover the arrangement of parts specified, and if invention exists, within the claims, it must he found either in the particular construction of parts described, or in such combinations of parís as are defined and claimed. There is a notable lack of clearness in the wording of the claims of the patent, but it is unnecessary to enter upon the disputes which have arisen concerning their meaning, because, upon any construction, which has been suggested, they are wanting in invention.
If, as the appellants contend, they are all to be read as including the stove, there' has been no infringement. Excluding the stove, the elements mentioned in the 1st, 2d, and 4th claims,are only two —the sectional flaring ring and the legs which support it; all else in the wording of the claims serving only to show the manner oí construction and use of those parts, the ring fitting, or being adapted to fit, within the fire pot, near the top, so closely as to prevent the passage of air between them, and the legs resting upon the flange of the fire pot, and provided with horizontal supports for receiving
It follows that the decree below should be set aside, and the bill dismissed for want of equity; and it is so ordered.