These are four suits in equity. The first one was brought in February, 1877, in the circuit court of the United States for the Eastern district of Missouri, by Charles F. Blake, as trustee of William S.C.arr and Frederick H. Bartholomew, against Elizabeth E. Boisselier and John C. Kupferle, for the infringement of reissued letters patent, No. 978, granted to William S.C.arr, June 12, 1860, for 'improvements in water-closets,' the original patent having been granted to him August 5, 1856, and, as reissued, extended, July 23, 1870, for seven years from August 5, 1870. The second suit was brought in February, 1879, in the same court, by Charles F. Blake, as trustee of Sarah Bartholomew, against the same defendants, for the infringement of letters patent, No. 21,734, granted to Frederick H. Bartholomew, October 12, 1858, for an 'improved water-closet,' and extended, October 2, 1872, for seven years from October 12, 1872. The third and fourth suits were brought in July, 1879, in the circuit court of the United States for the Southern district of New York, by Charles F. Blake, as trustee, etc., and William S.C.arr and Sarah M. Bartholomew-one against the McNab & Harlan Manufacturing Company and John Harlan, and the other against John Eaton and others-each for the infringement of the said Carr patent, as reissued and extended, and of the said Bartholomew patent, as extended. In each of the two suits in Missouri a decree was made in May, 1880, adjudging that the patent sued on was not good and valid in law, and dismissing the bill. In each of the two suits in New York, a decision was made in February, 1881, (19 Blatchf. C. C. 73, S.C.. 7 Fed. Rep. 821,) adjudging that the two patents were good and valid in law, and that the third claim of the Carr reissue, and the first claim of the Bartholomew patent, had been infringed, and awarding an account of profits and damages; and in January, 1882, a final decree was made in one suit for $1,200 damages and $118.74 costs, and in the other for $415 damages and $101.24 costs. The plaintiffs in interest in each of the Missouri suits, and the defendants in each of the New York suits, have appealed to this court. The questions are the same in all of the suits and arise on the same proofs.
The third claim of the Carr reissue is the only claim of that patent which is alleged to have been infringed. So much of the specification of that reissue as relates to that claim is as follows:
'Fig. 1 is an elevation of my closet as in place for use; Fig. 2 is a plan of the cock and part of the plan of said closet; and Fig. 3 is a vertical section of my cock made use of in letting the water into and shutting the same off from said closet. SIMILAR MARKS OF REFERENCE INDICATE The same parts in all the figures. the nature of my said invention consists in a peculiar construction of cock, which is opened by the motion of the seat of the water-closet, and allows but little water to run into the pan of the closet until the weight is removed from the seat, when the cock, gradually closing of itself, allows the water to run for a limited and regulated time, sufficient to wash out the basin. * * * In the drawing, a is the trunk on the upper