so far as that patent is concerned, as if it were expressed-that the specific combination or thing claimed is the only part which the patentee regards as new. True, he or some other person may have a distinct patent for portions not covered by this, but that will speak for itself. So far as the patent in question is concerned, the remaining parts are old, or common and public.' See, also, Merrill v. Yeomans, 94 U.S. 573; Water-meter Co. v. Desper, 101 U.S. 332-337; Miller v. Brass Co. 104 U.S. 350. These authorities dispose of the contention of the plaintiffs' counsel that their patent covers one of the separate elements which enters into the combination, namely, a slotted wooden beam, because, as they contend, that element is new, and is the original invention of the patentees. The patent was for a combination so there could be no infringement unless the combination is infringed. It was plain, upon an inspection of the drawings, that the defendants do not use a brace-bar similar in shape or position to that described in the plaintiffs' patent. The specification and drawings of the plaintiffs' patent, and the testimony of the plaintiffs' witnesses, show that one purpose of the brace-bar, used in the plaintiffs' combination, was to strengthen and support the shank between the tooth and the beam. The use of the brace-bar enabled the plaintiffs to make the shank with less material, and, at the same time, to increase its strength. The court found that the curved upper part of the shank used by defendants does not perform one of the material functions of the brace-bar of the plaintiffs' combination. It cannot, therefore, be the equivalent of the latter. For where one patented combinais asserted to be an infringement of another, a device in one, to be the equivalent of a device in the other, must perform the same functions. therefore, there was one element of the plaintiffs' patented combination which the defendants do not use, and for which they do not employ an equivalent, it follows that they do not infringe the plaintiffs' patent. The decree of the circuit court, which dismissed the plaintiffs' bill, was therefore affirmed; and it was so ordered. See also List of United States Supreme Court cases, volume 113 John S. Rowell Wikipedia Article References External links 1885 in United States case law United States patent case law United