Samuel Blatchford

“ The idea of constructing a water-closet or flushing apparatus with double traps underneath the seat, and a confined air chamber between the same, from which the air might be withdrawn when the closet was used, so as to induce a more powerful outflow, was not novel. ”

“ A flushing apparatus for a water-closet, consisting of the combination of a reservoir tank, a flushing chamber provided with an inlet orifice of large area communicating with said tank, and with an outlet orifice of contracted area proportioned to the area of said inlet orifice, substantially as specified, a valve adapted to close said inlet orifice, an air pipe opening into said flushing chamber, and a flushing pipe leading from said outlet orifice, all arranged and adapted to operate substantially as set forth. ”

“ The Hanson patent shows a flushing apparatus wherein the injector principle is used for exhausting the air in the confined space between the two traps, by the use of one tank containing water for flushing the basin. It was not until Boyle obtained knowledge of the Hanson patent that he conceived the idea of claiming such a construction as had been patented to Hanson. ”

“ The opinion of the circuit court, in speaking of the contention that the original patent was inperative to protect the invention intended to be covered by it, said that such patent certainly protected the flushing apparatus that was claimed as a whole in the first claim, and carefully described in the specification ”

“ The opinion also states that Boyle's affidavit, filed with the application for the reissue, describes no mistake, inadvertence, or accident; that Boyle contents himself with the general statement that a misunderstanding existed between him and his attorney, but what it was does not appear ”

“ Rep. 830. The facts above set forth are undisputed. Judge Thayer held that, under the decision of this court in Refrigerating Co. v. Hammond, 129 U.S. 151, 9 Sup. Ct. Rep. 225, patent No. 260,232 was void.
In Refrigerating Co. v. Hammond, a United States patent had been granted November 20, 1877, for 17 years, on an application filed December 1, 1876. A patent for the same invention had been grated in Canada, January 9, 1877, to to the same patentee, for five years from that day, on an application made December 19, 1876. ”

“ That patent sets forth that Peters and Donald had presented a petition for the grant of a patent for such improvement, and had assigned their right, title, and interest in it to Huber, and that a description of the invention was contained in the specification annexed to the patent, and the patent granted to Huber, his heirs or assigns, for 17 years from June 27, 1882, the exclusive right to make, use, and vend the invention throughout the United States and the territories thereof, 'subject to the limitation prescribed by section 4887, Rev. ”

“ Duryee, Id. 531; Case v. Brown, 2 Wall. 320; Gould v. Rees, 15 Wall. 187; Gill v. Wells, 22 Wall. 1; Fuller v. Yentzer, 94 U.S. 288; Powder Co. v. Powder Works, 98 U.S. 126; Leggett v. Avery, 101 U.S. 256; James v. Campbell, 104 U.S. 356; Coon v. Wilson, 113 U.S. 268, 5 Sup. Ct. Rep. 537; Parker & Whipple Co. v. Yale Clock Co., 123 U.S. 87, 8 Sup. Ct. Rep. 38; Electric Gas Lighting Co. v. ”