ADAIR V. THaTBB. 441 �îzîng beat there results from the sulphur and tte gum the substance called vulcaïiite. Accordingly, it bas not been claimed in this case that the excess of sulpbur employed in the manufacture of the defendant's dises goes to make refrac- tory matter, as was foundto be the fact in the two cases referredto. Here the contention bas been that the excess of sulphur used is a mere adulterant; but, as already stated, this position is not supported by the evidence. �For these reaBons, it must be held that' the plaintifif bas failed to prove infringement, and the bill is dismissed, with costs. ���Adaib ». Thatbb. �{Circuit Court, 8. D. New York, -, 1880. �1. Infiîinoembnt — Part op Combikatioh. — The appropriation of part of a patented combination constitutes an infringement pro tanto, if euch part, separate from the rest, was new and patentable to the in- venter. �Lister V. Leather, 8 EU. & B. 1004. �Ëdlen V. Dickinaon, 6 Exch. 312. �In Equity. �Andrew J. Todd, for complaînant. �John Van Santvoord and John S. Washhwm, îat defendant. �Wheeler, D. J. This suit is founded upon re-issued let- tei>5 patent No. 6,964, dated February 29, 18T6, granted to the oràtor for an improvement in pumps. Before bis inven- tion single- acting pumps, cast in one piece, with open water heads, through which the piston and valves could be with- drawn and replaced readily, had been constructed; but ail double-acting pumps, so far as bas been shown, had been made in detached portions, were complicated, and their parta difficult of access. He dôvised a double-acting pump, with a piston cylinder and an open cylinder beside it for the valves below the piston, both below an open water head, through •which the piston and those valves could be readily removed ����
