:681

108,1109, Uli'U,S,V. Dorsey, 40 Fed. Rep. 752; U. 8.v. Whittier, 5 Dill. 35, 39; U.8. v.' FaYe, 1 Curt. 364. It cannot b$ regarded as a '\I'alidexeuStdor a crime that some one has afforded the accused a convenient opportunity to cbmmit it, for the purpose of testing his honesty. Unfortunately it seems, to be necessary to apply such tests in order to suppress offenses of a certain class. In the case at bar the evidence did not sbow ,that the accused was solicited to commit the offense charged in tbe indictment. The selection of the public mail as the medium for giving information wberethe most lewd and indecent pictures could be obtained ,was the voluntary act of the defendant, and he is criminally responsibie therefor. The motions for 8 new trial and in arrest are therefore overruled.
N. B. The judgment and sl.'l)tence in the foregoing case was imprisonment in the penitentiary of the state -of Missouri for and duringtbu &.enn Qt Qn. and unu day. to be kept at hard labur during said terw.

(cCrcuU

awn 0/ .Appeats. FOOIf'tJI, Circuit.

No. "

],{a,.

95, 1891.)

L

Letters patent 843,3611, June 8, 1888, to CharI\¥' Ha1fcke, cover 'the com· bination in aretngerator of an ice bowl or rack in the upper part, with open bof,. tom formed of two sets of slats, tbe upper convex and the lower concave. so arranged tbat the latter catch and' carry 01f the drip, the ice bowl being detached from the sides of tbe refrigerator, so as to allow the free circulation of air, togetber with thin crates of salt seton ",dge near the ends and at the back of the chamber of the refrigerator, detacbed from the walls, and held by slats or woven wire, with open interstices, that allow tbe air coming directly down from the ice free circula.tion .through, the salt, producing an automatic circulation of cold, dryl saline af,. mosphere, having extraordinary and unprecedented efficacy in preservmg meats, etc., in BOund conditioD for IlnusUal periods of time. :HeW, that the invention ia novel and patentable. ' A patentee entered 'lnto partnersbip with another for a term of years, unless 100ner dIssolved by consent, for the purpose o! manufacturing the articleJ the patentee contributing the right to 'manufact.ure und,er his letters patent, ana the otber a SUID, in cash. Held, tbat on dissolution of the partnership the license expired, ,and the exclusive right t.o the vatent remained in thepI'tentlle. " 'Cl Fed. Rep. 170, l'tlversed. '

IWVBNTIONS-NoVBJ.TT-RBFBIGBRA.TOR8.

,

.. '&MB-LlotNsB TO P A.l\TlII'lIR81rtP-EFFllCT OJ' DJSSOLUTION.

Appeal from the Circuit Court of Maryland. In Equity. , Suit by Charles Haflcke against Eugene P.Clark for infringement of claims 4,5, ,and 6 of letters patent No. 343,369, issued June 8, 1886, to complainant for an hnprovement in the artofrefrigeration. 'These held invalid ft;>r want of patentable novelty, and the bill dismissed. 46 Fed. Rep. 770. Plaintiff appeals. Reo 'Versed. ' The specification contaIns the following statements: "The thfrdpart of the to means for abRorblngmofstnre from the a.ir in. the fl"igetaMlg chamber, a"nd diffusing throughUilt th@ fWd

:Chamtier'i saline
til;

which hattantiseptic qualities, and thereby asIQf !ll eats plMeQ ;In the chamber:" . ' . ... .1.1 Qopper,forll1eqof som.e materilll,preferably.galYanized woven wire, to it may extend part,ially orllntirely around i;lhamber, as may be preferred. The salt in the hopper, E, absorbs rooi$tute 'ii'om the air in the chamber, 'which air becomes strongly saline, atldan effective pj;l'servative agent. Water resulting from the absorptiohof moisture by the salt falls to the pan,h, from which it escapes through the pipe, i . " , . am a\fare that chloride of calcium has been exposed in a frig rathlg to absorb moisturElfrom the. air therein; but this salt will purpose which I have partly owing to its extreme deliquescence, but principally for the reason that it will not diffuse a saline mosphere in the chamber. Instead of chloride of calcium. I employ chloride which I find is sufficient.1y deliquescent for,all practical purpo(:les j :and by its use I am enahled to obtain l,\ saline atmosphere in the chamber, . " .' Which, in itself, is a preserving agent." .' II I disclaim the'11SEr of' ''Combined ice 'and, salt in a frigerating' chamberj as also an exposed body of chloride of calcium."

The claims alleged to be infringed. are as follows:
"(4) In combination with a frigerating chamber, an exposed body of chlo·ride of sodium, arranged to abs'orb moisture from the air in the chamber, and as and for the purpose to establish in the Baid chamBel' a' specified. (5) In combination with a frigerating chamber, a perforate hopper, contaiping a. body of chloride of '\SodiuQl, arranged to absorb moisture from the air in the chamber, and to establish in the said chamber a saline atmosphere, suhstantially liS and for tbe"purpose specified. (6) In a frigeratIng a chloride. ofsodiuliJ, .the Wa.1l otthesald as and for the purpose speClfied."

PriCe &- Steuart, :Steuart,of counsel,) for appellant. Albert S. J. Owens, for appellee. Before GOI!'F, Circuit and District Judge.
HUGHJlJS, District, ' Charles Uafl'cke, this -devised and constructed ftiTefrigerator upon a pattern differing in mate,What one. rial particulars from any before pacity for preserving meat and othe!! articles liable to decay, for a long temperature, is corroborated by time, in a high nUU1\'irous others. TniBwitness, says, in substance, that he has seen meat in perfect preservation, wlrich has been in one of these refrigerators for six weeks, in the hotte!:lt sumnier' weather, in a place from the street, under the where heat was reflected ()!l the l'l:\Ys of tl;1e sun,': He that meatkept in this a oJ 38 to. 50 degrees, fQr six ",eeks, remaiIlsJn ,apd thatit not have been kept an ordinal'Y refrige.ratQr in condition for more than four or ave 911),s." ,lIe, that thi'srElHult is accomplished by the consumption of much less ice than is ordinarily required for such a' purpose. An unuertaker testifies tha,t):l,refrigerator qU the principle, but in a cC;>rpse for 3?, days in a condition ,the perlOd as at the death, lD a temperatul"e of

:at

degrees; whereas, by the means ordinarily used such 'a body could not be kept longer than 10 days, with a larger consumption of ice. Other extraordinary instances of like preservation of substances liable to decay are proved to have been accomplished by the Haffcke refrigerator, by testimony which leaves no doubt of the exceptional utility and value of this contrivance for the important purposes for which it is designed. The form of the structure by which these results are produced is in several respects novel. In the upper part of it is a bowl or rack, with open bottom, for the reception of ice. The bottom is formed of two sets of slats, the upper set convex, the lower concave, so arranged that the melting of the ioe drips from the convex into the concave set of slats, and is carried off by the latter. '1'he lower slats or troughs may or may not be filled with salt, at the pleasure ·of the user. The ice bowl or rack is made of smaller dimensions than that part of the chamber of the refrigerator in which it is placed, in order that between it and the walls of the chamber space may be allowed for the free circulation' of air. The receptacle for ice, thus descdbed, differs hom those in <:ommOnuse in the fact that it does not touch the walls of the refrigerator, and that its bottom is open for the free descent of air, directly from con, . tact with the ice above, into I the chamber below. The second distinguishingfeatnre of the Haffcke refrigerator consists of contrivances' for holding quantities of chloride-of sodium .orsalt in the chamber below the ice, in such manner as to permit the cooled air which, descends from the'ice to pervade and permeate, with the least possible obstruction; these salt depositories, as well as the open space of the lower chamber. '1'he saIt depositories just mentioned, called improperly" hoppers" in the appellant's specifications for the patent, hold the salt in the form which would be a thin slab if it were solid, set on edge, and placed near the sides and the back of the lower chamberof'the refrigerator. These slabs of salt are incased each in a crate or hopper resting on: a trough lying some inches above the floor of the chamber, .sufficiently hrclined to carry away any drippings that may occur by liquefaction. The sides of these crates may be of galvanized woven wire, but in practice are of wooden slats, placed far enough apart· to permit a free circulatiol1of air through the saIt,and close enough together to hold the saIt without wasting. An essential part of the design in respect to the crates holding the salt, as·well as bf the bowl with open. bottom, . holding the ice, is that'8. space is left between each of and the walls of the refrigerator for the unobstructed circulation of air between them and the :,valls. These salt crates below, and the ice bowl with open bottom above, all 80 placed as to allow the airftom the cooled ice easy automatic circulation through the salt and throughout the refriger.ator, are the particular fea·tures and distinguishing characteristics of the Haffcke refrigerator. It is proved that by means of the circulation which is chemically andautomatioally produced by thecontriv· .ances thus described, a cold, dry, saline atmosphere is generated, ing extraordinary and probably unprecedented efficacy in preserving roeats aod other articles !ip,ble to decay in sound condition for· unusual

.rTlie·factthat. is andi;tbe l\tldltionnlJacttha.t the agent: 01' by which this' is dO$:e.Jl3tbe cold" dry, salinel1tmmJplilere by this refrigera,pJ:QVed .by a. weight lUld of testimony which the tor, appellee has not succeeded .in 'refuting(" lUld which ·must be accepted by the courta$ established to .its satisfaction. nodpubt ,that thisJa ,an, exceptionally efficacious maThere can chine.:iThe several deviaes of which,jt is up.. may not be novel individually; but, as a whole, the structure is upique in design, and extmordinary in effect. That the for ice is most efficacious when placed in the upper part of.the .chamber ofa refrigerator has long been we1lknown.Butthe Haffckeic.e bowl differs from others in having an Opel} bottom, and. in being so c('lnstructedthat an air space surrounds itoneverJ' eide,'iseparating itJrom the walls of the refrigerator. The use of ,salt in connection. with ice as an absorbent of atmospheric humiditJ', and. as a means of lowering the temperature of air, is not new; IUs proved in thiscaseithl\t salt has been used for this purpose by being placed in pansaUhe, bottOm of main chaltlbers of refrigerators. ltis. also proved ;th,atin. previous patents-the Eber and the Jolley, for instance-it has been uSlld jn the wallsofrtlfr,igerators, the lining Reparatiogit from· the chamber being perfc)ftlted sheets of zinc, or soft and more orIess porous,:wo(>QenboaJ:ds., But· there is no proof that such US" of salt ill the wal16,,;where it is but very partially accessible to the air, hss'been efficaciou81o any pronoupced,e$tent. The impression is left by the evidence that the results Qf:$uch confined use of salt tQ:l'tbe Qf adding to the. preserving qualities of ice, as is indicated by Qther. patents, have almost, iLnot quite, nil. The contrivance QfHaffckei$JlB. far in advance of these devices inrnethod as.it.is to:ht:l in :the ,results attained. His' is novel ,of placiugslabsof St!Jt neat the: ends and at the hackof' the chamber of the refrigerator,. entirely, detached, fromitswlllls, .anll beldby slats or woven wire,with open interstices, that allow, a free circulation of cooled air, cOltiingdirectlydolVIl from contactwftb the ice, through the salt, and thence-,into :the main preserving chaU\beJ," itself. No such process has been provided Cor ,by anyone of thehalfdozen or more patents that are relied upon onbebalf of the llppellee as baving anticipated the contrivanpe, of HlltIcke, There can bEl no reManable. doubt that the cold, dry, 8llline. atmQl!pbere that is in tbe,.Haficke refrigerator is the produetof the. ice: (bllWl of open slatted bottom, precipitating its cooled air, thr(JuF;h the slabs bf salt standing below, detachell from the. walls of the cham ber, and,:1ined, withintersticedi slats, which· htlth "permit and prorome its free ,The qu.estion'.Je, whether 8. contrivance.lspatentable which is thus in strQcture of,itsipe bQWl, and thus·nove1 in its means and o{,Using ohlorideofsodiundn conjunctiotlwith ice to produce atmosphere effiCacious for purposes, and a \t,old,: s\lrprisingly successful beyond example in accomplishing those purposes. a cpoling audofsalt as a preservWe. think

ing agent is as old aS'human arid manner of amploying them. in. these. functions may be infinite,:opening a wide field for expel'imentand;invention;and when ia device: is, ,fallen upon which produces unprepedented: and, unequaled results in'the use of these familiar agents,that device may possess a very high degree of patentable merit. Moreover,: the device itselfn:lay be a combination of several elementary devices, each as familiar to :the public as the letbers of the alphabet; yet the combination of them may, as a whole, possess an extraorpinary novelty and utility. ' Eveuif this contrivance of Haffcke be put upon the low plane of a newO<lmbination of known mechanical ,appliances, it falls within the class of patentable machines. In the case of Har'ri8on v.Foundry Co., 1 App.Cas.574, Lord Chancellor CAIRNS said: "A new' combination of old parts ,.to produce a' known result in a more useful iand beneficial way than ,before attained" is the proper subject of a 'patent. Sir JAMES BACON, V.C.,held ;tothe same effect in MUflray v. Clayton, 7 Ch. App.577, in saying that "a combination of things not in themselves new; but, which,combinatioD is perfectly new in form in which the inventor has cast it, and producing new and more beneficial ,results, may be the subject ora. patent." In Forbush v. Cook, 2 Fish. Pat. Cas. 668, the court s a i d : ' .. A new or improved or more economical effect, attributable to the change made by the in the ijl,ode pf proves that the change has produced a new mode of operation which is the subjectmatter of a " And Judge STORY, in Ryan v. Goodwin, 3 Sum. 514, said, in respect to a combination of materiale: have been In the. mon use;anli them maybave been yv,th other IWlte,rlals for other ,purposes. ,But,if they have never been combined together in, the manner state.9 in the patent, but the combination Is new., then the inven,tion of the Combination Is patentable. The combination i$ ;q>pareutlyvery.simpIe,' bu.l> the ,simplicity frombeillg an objl'OtioD to it. may constituteitsgrest ex'cellenceandvalue'o' Indeed.' to producea;great result by very simple means, before unknown or unthought of. is not unfrequentIy the :petl:ll1i!l1) of the very highest elMS of minds.,'" Theseare but.lI;nnu,nciations ofan elementary of patent )a* manifestly just8.I).d' B?und.. It has ,never been and it .c()ndudes thecas,e arharonthe main qU'e,stion at issue,-that to say, on the question of anticipation.,' . ,' As tdIt,be queStion of license"tpe record shows that appellant andappellee entered into a" p'arther!lhip years, unless sooner dissolved by conse,nt, for thepurpose, of manufacturing the H;affcke Clilrk, tlieappellee, putting'in a "fund of $2,000', or so much oHhe sum as the business should require; and Haffcke "contributing all the to him "enbon,J for the qf the 'p'artnership. The cot1trac.t ,copfers only'
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'nDElUL BEPORTEB, vol.

50.

conliainsnO languagedeclarlng or implying that the right of tnanufaottllingtbe should belong, or in any contingency inure, to any ,0ther than 'the, partnership to which it was'" contributed." It is settled law that 8,1icense to use a' patent: isa personal privilege, which terminates with the life ·of the individuaHicenseato which it is granted, unless the grant contains words expressly conferring the power to sell or ·. ,b the absence of such power, if the licensee be a natural per80n and dies" or.an artificial person 'or partnership and ceases to exist, the license expires equally in either case. Oliver v. Chemical 00., 109 U.,S"Rca,S Sup. Ct, ,Rep. 61; Na'ilFactory v.Corning, 14 How. 193; 10 47:7, ,494. When the partnership of Haffcke & QIa*,was dissolved. the license itself expired, and the exclusive right m'the original patentee, unaffected bytbe temPQratyilb:ense., ,The subsequent use dHt by, Clark was an infringement The deeree of tbecourt belowimust be reversed, with and' ,the' C8\:lSe renHlnded to the circuit court ofthe United States 'of withfi, ,direction tcl::enter a decree for the anel fot flilitihor ,proceedings ,in conformity to the opinion of ,:" kid ,'"

BO'l'HE

; :

'P:Arinoqg;;HAWLEY 'lRoN CO.

{.,,' ; .' I . : :'\ ( , , ' '

"

of);

,:

(CUrcrutt Ooun oJ ,Appeals, Eigh.th OWCUU, Hay
"ij ":'(l

PA'l'BNTI J'Oll

INVBNTIONlI-NOVBLTT-AN'l'ICIPATION. ·. Octp)ltll:' 19,1886, tollerman lLBotb:e, were for · 1V ·. on Ii . 1\:6. v,ocket of on$ piece, recta:ngular in cross section, having ,.: ... ' 10&' 'k', and the remaining sidetlinwaTdly inclIned, whereby the stake may ! be" hel.d: aa'a wed e reqnhin4plo other 8UPPOrt. The prior Brownell formo! pocket, , . Wljo8 Of sl :JIil, e, pf, iron, hut was not ca!lt in one piece. . A pocket with Nqt, and VElrtlcl'l hack, and cast in onli' 1'100e, was made for ueeu. ... carsB'ril years prior to the application for the patent. Held, that tI1e'ellsting in ode ' .. . was 'the, only substantial improvement. over prior ,WagOD' all,d was ,alil"oipated by those used on steam oan.
\ ;1

;

,;;.,

No.,;:so.

Appeal'fr6m'the Circuit Court of the United' States for tbe Eastern pt\ltp.ct Qf. ,,,, I. . . · ·...', .· " .. by Herman H. :aothe agamst the Paddock-Hawley Iron of lette(s patent No. 351,246, I issued to pock. com pla(nan't October 19,' f8'86 , for an iInproveinent, in wagon dismjssing .tllebill. Complainant appeals. Affirmed. Geo.. and, M. appellaJ;1t· ·.. W.B.t!omer, for appepee. " . Circuit Judges, and SHIRAS, Pisttlct Judger, ' . :
,> ,

Under date of October 19,1886, letters patentwlll'e Issu¥ ,to'ijemian 'R. Bothe, the appellant herein, for an improvefuent in wllgon stake pockets, and the bill in the present cause waa