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Opinion of the Court.

ment of the coöperating devices, to adapt them to efficient service as water-meters. As said by the Circuit Court in its opinion: "The inventions of Nash and Tilden commence upon different lines and result in a combination having a different mode of operation. The time and order of controlling the valves differ in each, and require a different arrangement of the valve ports, with reference to the valves which open and close them. In Nash's meter the ports for both entrance and discharge of water are in the ends or sides of the piston, while in Tilden's the ports are not in the piston, but in the ends or heads of the cylinder case, and are so located that the contact of the piston with the cylinder divides each recess into one filling and one discharging passage. In the former the ends of the cylinder act as the valves; in the latter the piston itself acts as the valves. In Nash's meter the rotary and side rocking or compound movement of the piston opens some and closes others of the ports in succession, in such a manner as to equalize the pressure of the water at right angles to the direction of the movements of the piston. In Tilden's meter it is an essential feature that there shall be not merely water pressure which moves the piston about the cylinder-chamber, but additional side pressure, which, in Nash's meter, must be avoided, and it is only because it has a pressure of water not found in Nash's meter that it is operative at all."

In the Nash reissue, it is required that the piston patented should have an "eccentric or side-rocking motion across the centre of a cylinder-chamber to effect its division at two or more points into receiving and discharging spaces." But the defendant's piston has no such motion, and the cylinder-chamber of its meter is not divided by the piston "at two or more points, into receiving and discharging spaces," in the sense of the Nash reissue.

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In the Nash reissue, it is required that "with this eccentric or side-rocking action the piston also revolves round its own centre, for as the piston rocks from one bearing point to another directly across the centre of the cylinder it is at the same time revolved." But the defendant's piston has no motion of revolution about its own centre.

Opinion of the Court.

In the Nash reissue, it is required that "in the rotation of the piston around its own centre one or more projecting bearing points of the piston will pass into corresponding recesses at one point of the cylinder, and in contact with and over one or more projecting bearing points of the cylinder at a different point, thereby always maintaining a direct contact of the piston and cylinder at two or more dividing points within the continually changing cylinder spaces." But in the defendant's meter, the bearing points of the piston are always in their own special recesses in the case, and are never in contact with, and never pass over, any of the projecting bearing points of the cylinder; and there never is a direct contact of the piston and cylinder at two or more dividing points, within the meaning of the Nash reissue.

In the Nash reissue, it is required that the valves should be "arranged so that the cylinder spaces on one side of the piston as it revolves have free inlet for the water through one set of the valve ports, while the spaces on the other side of the piston have free outlets for the water through the other ports of the valve." But in the defendant's meter, the division between the inlet and outlet ports is not made by the piston, and all the displacement of the water is effected in the individual chambers of the cylinder, and no two chambers are ever connected while measuring water.

In the Nash reissue, it is required that the valves should so open and close the ports in succession "as to keep the line of pressure of the water as nearly as possible at right angles to the direction of the eccentric or side-rocking and rotary movements of the piston, and thereby avoid any undue lateral pressure of the water upon the piston." But in the defendant's meter, the motion of the piston is of an entirely different character. The "lateral pressure of the water upon the piston," which the Nash structure is designed to avoid, is an essential feature of the operation, and without it, the piston of the defendant's meter would not be kept up against the side of the case, and no water could be measured.

In the Nash reissue, it is required that when a separate valve controlled by the piston is not employed, the valve is

Opinion of the Court.

"formed by inlet and outlet openings or ports in the ends of the piston communicating by means of passages in or through the piston with the spaces of the cylinder." But in the defendant's meter, no separate valve is employed, and there are no ports in the ends of the piston, and no passages in or through the piston, which communicate with the spaces of the cylinder; the single passage in the centre of the defendant's piston is a portion of the discharge-pipe; and it is required only in order to accommodate the water discharged at the bottom of the meter (a double discharge, namely, at the top and bottom of the meter, being used for the purpose of balancing the piston).

In the Nash reissue, it is required that the piston and cylinder should have "bearing or contacting surfaces formed by alternate recesses aa' and projections b' of such form or configuration as to allow of the rotation of the piston not only upon its own axis but around and across the centre of the cylinder, and the space within the cylinder must be of such form and sufficiently larger than the piston H to allow it to have this compound motion." But in the defendant's meter, the projections and recesses are of such form as to prevent the rotation of the piston upon its own axis, and also to prevent its motion around and across the centre of the cylinder; and the space within the cylinder is not of such form as, and not sufficiently larger than the piston, to allow the latter to have that compound motion.

In the Nash reissue, it is stated that "the object of this compound motion is to form bearing points or lines of contact of the piston with the cylinder-walls on opposite sides thereof, at the same time, as shown in Figs. 3 and 12, whereby to divide the cylinder into receiving and discharging spaces. But in the defendant's meter, no bearing points, or lines of contact of the piston with the cylinder-walls, on opposite sides thereof at the same time, are formed; and the receiving and discharging spaces are differently situated, and are divided in an entirely different way and on different lines.

In the Nash reissue, it is required that "of whatever form these alternate recesses and projections, they must be such

Opinion of the Court.

that while they are in contact upon one side of the cylinder they must also at the same time have a contact at the opposite or a different side of said cylinder, and in this way divide the cylinder into spaces." But in the defendant's meter, the projections and recesses are of such form that such required mode of dividing the cylinder into spaces by contacts on opposite or different sides of the cylinder is impossible.

In the Nash reissue it is stated that "in this contact it will be observed that upon one side of the cylinder and piston such contact takes place between a recess and projection, or intermediately between these points, while upon the opposite side such contact is made by corresponding projections, as shown in Figs. 3 and 12." But in the defendant's meter, no such contact ever takes place, and there is no contact upon opposite sides of the cylinder; and in each particular chamber, receiving and discharging spaces are formed by that projection of the piston which is in that chamber from the first and never leaves it.

In the Nash reissue, it is stated that "the compound motion of the piston and the contacting dividing points are due to the fact that the piston has one or more less points of projection than the cylinder." But in the defendant's meter there are the same number of projections on the piston and on the cylinder, and consequently no compound motion of the piston is possible.

In the Nash reissue, it is stated that the function of either form of valve described "is to regulate the flow of water in and out of the spaces of the cylinder in such manner as to produce the compound rotation and cross movement of the piston." But in the defendant's meter, the water is admitted and discharged in such a way as to prevent any motion of the piston except a sliding movement, which is neither a compound rotation nor a cross movement, within the meaning of the Nash reissue.

In the Nash reissue, it is required that the valve and piston should "coöperate to produce the results stated," viz., the compound motion of the piston and the proper control of the flow of the water in and out of the spaces of the cylinder. But in

Syllabus.

the defendant's meter, the valves are adapted to the peculiar motion of the defendant's piston and the peculiar separation of discharging and receiving spaces, characteristic of that meter, and not at all to any such structure as is required by the Nash reissue.

In the Nash reissue, it is required that to get the best results "the valve should open and close its inlet and outlet ports in succession in such a manner as to keep the line of pressure as nearly as possible at right angles to the direction of the motion of the piston." And the specification explains: “By the 'line of pressure' I mean a line connecting the points of division. which separate the inlet from the outlet spaces c of the cylinder, as shown by the line 2 in Fig. 12; and by a 'line of motion' I mean a line which is tangent to the path of the axis of the piston at any point of such path as shown by the arrow y in said figure." But such a requirement, interpreted by the definitions given, is meaningless when applied to the defendant's meter.

In the Nash reissue, it is stated that "in the use of the meter, the inlet may become the outlet, and vice versa." But in the defendant's meter, the inlet must always be the inlet, and by no possibility can it be made the outlet; and while the Nash meter may be run in either direction, the defendant's meter would be inoperative if the inlet became the outlet, and vice versa.

It is clear to us that there is no infringement, and that the decree of the Circuit Court must be

Affirmed.

WILSON v. UNITED STATES.

ERROR TO THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN DISTRICT OF ILLINOIS.

No. 1284. Argued April 7, 1893.- Decided April 17, 1893.

The act of March 16, 1878, 20 Stat. 30, c. 37, having provided that a person charged with the commission of crime may, at his own request, be a

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