the oven and led into a chamber under the reservoir. In the Spaulding or Paris patent of 1858, and in the Bussey patent of 1865, the bottom of the reservoir was below the top of the oven. There was no invention in causing the gases to act on a low-down reservoir in the same way in which they had acted before on an elevated reservoir; and no invention in lowering the exit opening to correspond with the depression of the reservoir, even though the incidental effect was to heat by a direct draft, at the same time, the reservoir and the rear side of the oven.

Claim 4 adds to claim 3 only the feature of heating the reservoir by a direct draft from the fire-box to the smoke-pipe. This, however, is only a statement of the effect produced in a structure made according to the first three claims. In the Getz patent of 1840, and in the Stewart patent of 1859, the exit-pipe was in the rear of the reservoir, and the gases were brought into contact with the bottom of the reservoir, and it was heated by a direct draft. There is really nothing in claim 4 beyond what is found in claim 3.

The specification of No. 142,933 is as follows: "Our invention relates to that class of cooking-stoves in which a water reservoir is situated at the rear end of the stove; and it consists in the arrangement of the reservoir upon an extended support at the rear of the stove, so that an air-chamber, opening at its top into the air of the room, is left between the back-plate of the stove and the front of the reservoir, thereby protecting the front of the same from becoming burned out by being in direct contact with the heat from the fire. It also consists in a broad sheet-flue arranged under the reservoir, the heated air for which enters through a small passage in the back plate of the stove, and, after circulating in said flue, passes out through the small opening in the rear thereof, all as more fully hereinafter set forth. * * * Figure 1 is a longitudinal vertical section of our stove; figure 2 is a transverse vertical section of the same through the water-reservoir; figure 3 is a plan view of the reservoir; and figure 4 is a front view of the sheet-flue under the bottom of the reservoir. A represents the top plate of the stove. B is the oven; C, the water-reservoir; D, the center one of the three flues of the stove; and E, the exit-flue, located in the rear of the reservoir, C. This reservoir is located upon a support therefor, which extends rearward from a point about half-way between the top and bottom plates of the stove, and which may either be attached to or form part of the stove, and a sheet-flue, G, is provided in the same under the bottom of the reservoir, C. The heat, entering this flue,) passes through the small center passage, a, in the stove-back, I. It is there spread and retained under the reservoir until it gradually ascends through the small passage or exit-flue, E. By this construction the rapid exit of the heated air from under the reservoir is prevented, and the heat, being retained under the bottom of the reservoir, causes the water in the same to become hot in a short time. The reservoir, C, is so arranged with respect to the backplate, I, of the stove that an air-space, b, communicating with the air of the room at the top, is left between the front of the reservoir and the back-plate. By this means the outside air will pass down between the back-plate and front of the reservoir and prevent the front of the reservoir from burning out, which would be the case if the parts were in direct contact, especially when the water in the reservoir becomes low. In the ordinary method the flame is made to strike directly upon the front surface of the reservoir, thereby rendering it liable to crack while replenishing with cold water upon the heated plates. The opening, a, in the back-plate, I, of the stove is of the same width as the center-flue, D, and the products of combustion pass through said opening into the sheet-flue, G, which thus has a contracted entrance and a contracted exit. When using the direct draft the damper, d, of the center flue, D, is turned downward and rests against the back-oven plate, as shown by the dotted lines in figure 1. At such times the heat passes down the center-flue, D, of the back, through the opening, a, in the back-plate, I, into the sheet-flue, G, under

the bottom of the reservoir, and out of the exit-flue, E. When the indirect draft is used, the damper, d, occupies the position shown in figure 1, and at such times the heat passes down the usual side-flues and under the bottom of the oven to the front of the stove, where it turns into the center-flue, D, and passes back through the opening, a, to the sheet-flue, G, under the bottom of the reservoir and out of the exit-flue. With a stove thus constructed, the reservoir is heated almost entirely from the bottom, and the heat acts upon

the entire surface of the bottom of the reservoir, and when the reservoir is but partially filled there is no danger of the heat acting against, and burning out, the top part of the front side of the reservoir. We do not claim under this patent a flue-shell and rear central extension that is detachable from the stove-body by means of hooks on the one and catches or pins on the other, nor do we specifically claim a reservoir with a flue in its rear, as these ele ments of invention are the subject of a separate application for a patent, now pending; neither do we wish to be understood as claiming the arrangement

of the reservoir and flues for heating the same in front of the fire-box of the stove, as shown in our patent of May 6, 1873, No. 138,682."

The claims of No. 142,933 are two in number, as follows, and the infringement of both is admitted:"(1) The combination with the back-plate, I, of the cooking-stove, A, of the reservoir, C, arranged on a support about midway between the top and bottom plates of the stove, and the air-chamber, b, between the stove-back and reservoir-front, open at the top and communicating with the air in the room, substantially as and for the purposes set forth. (2) The combination, with the stove, A, and reservoir, C, of the small opening, a, the sheet-flue, G, under the entire bottom of the reservoir, and the small exit-passage or pipe, E, all substantially as and for the purposes herein set forth."

The point of invention in claim 1 is in so arranging the reservoir as to have an air space between the front plate of the reservoir and the back plate of the stove, to a sufficient extent to prevent the flame from striking against the upper part of the front plate of the reservoir, which it would do if the upper part of the back plate of the stove were cut away, and there were no such air-space. It is the upper part of the front side of the reservoir which, as the specification states, is liable to the burned out by the direct action of the flame, as the water in the reservoir is lowered. In the McDowell patent of 1871 all the upper part of the reservoir is protected by an air-space, open at the top, between the reservoir and the stove.

The point of invention in claim 2 is to take the gases through a small opening into a broad sheet-flue under the bottom of a reservoir and out through another small opening in the rear, so that they will circulate in the broad flue and act on the entire surface of the bottom of the reservoir. The Stewart patent of 1859 shows the same arrangement with an elevated reservoir, but there is no invention in applying it to a low-down reservoir. The Tiffany patent of 1869 shows the same arrangement with a low-down reservoir.

The specification of No. 142,934 says: "The nature of our invention consists in the construction and arrangement of a cooking-stove with a portable basepan or flue-shell, and the means for attaching the same, as will be hereinafter more fully set forth. *** Figure 1 is a longitudinal vertical section of our improved cooking-stove; figure 2 is a side view of the rear end of the same;* figure 3 is a plain view of a loose cover or plate for the base-pan; and figure 4 is a perspective view of the portable base-pan or flue-shell. A represents the main baking-oven of the stove; B is the top flue; B, B, the vertical and, horizontal side flues; C is the center flue; D is the base-pan or flue-shell; E, the exit-flue passing up the rear side of the reservoir F is the reservoir;* G, the warming-closet; H, the damper; I, the fire-chamber; and J, the division-plate. When using the direct draft, the damper, H, occupies a line parallel with the back plate of the main oven, hanging down in the center flue of the back part of the stove. At such time the products of combustion pass from the fire chamber, I, along the top flue, B, and down the center flue, between the back oven-plate and the division-plate J, into the base-pan, D, and out of the exit-flue, E. When using the indirect draft the damper, H, occupies the position shown in figure 1. At such time the products of combustion pass over the top oven-plate flue, B, and down the vertical end-flues, B', into corresponding flues at the bottom, making the turn into the center flue of the bottom at C, through said bottom center flue, into and through the rear center flue, through the division-plate, J, into the base-pan flue, D, and out of exit-flue, E, so that, whether using the direct or indirect draft, the reservoir is heated only on its bottom surface. The base-pan, D, is made separate from the stove, and provided on each side with a hook-projection, a, to be fastened on a pin, b, projecting from the side of the stove. By this means the base-pan can readily be attached and detached; and when attached it fits in the upper end and forms the top of the warming-oven, G. K represents a

plate with two boiler-holes in it, which can be used when the reservoir is removed or should become broken in shipment, thus converting it into a sixhole stove. It is our purpose to insert a loose-center piece between the boilerholes in the plate, K, so that an ordinary wash-boiler can be used on said plate, if desired. The novelty of this invention consists in the portability of the reservoir base-pan, D, and in the warming-closet attachment, whereby we

economize space in shipment, and whereby repairs can be made at a very small cost and by unskilled workmen, as all the attachments will be shipped separate from the body of the stove, and mounted after they reach their destination. Should the reservoir become broken in shipment or otherwise, the plate, K, can be used, thus converting it into a six-hole stove, upon which ar ordinary wash-boiler can be used in case of emergency. The front bottom

corner of the reservoir rests upon a strip, d, attached to the division-plate, J,' which thus entirely shuts off the air-space at the bottom. By means of the base-pan flue, D, extending under the whole bottom of the reservoir, F, and the space between the reservoir and the division-plate, J, the reservoir becomes heated only on its bottom surface, where there will always be water, if any in the reservoir at all. The exit-flue, E, passes up through and forms part of the reservoir, F, at the back or rear side, as shown. We do not claim, under this specification, the combination of the reservoir with the back of the stove when an air-space open at the top is left between the two, as seen in the drawings, nor do we claim the sheet-flue under the reservoir in the shell, D, as both of these arrangements are the subject-matter of a separate application for a patent, now pending."

The claims of No. 142,934 are three in number, as follows, and the infringement of all them is admitted: "(1) The detachable base-pan or flue-shell, D, attached to the body at a point near the center of the back plate of the stove, by means of hooks, a, a, cast on the base-pan, and pins, b, b, on the stove-body, substantially for the purposes herein set forth. (2) The portable reservoir, F, with flue, E, in the rear side, in combination with the portable base-pan or flue-shell, D, substantially as and for the purposes herein set forth. (3) The combination, with a three-flue stove having damper, H, arranged as described, of the portable base-pan or flue shell, D, and warming-closet, G, all substantially as and for the purposes herein set forth."

The Tiffany patent of 1869 shows a low-down reservoir at the rear of a three-flue stove, and a warming-closet below the reservoir. The gases pass from the flue-space into a base-pan or chamber which is immediately below the reservoir, and forms the top of the warming-closet. The flue by which the gases escape from the base-pan is in the rear of the reservoir and is removable with it. The Tiffany stove, having three flues, must have a damper to open and close the middle flue. The specification of the Tiffany patent states that the reservoir and the warming-closet are capable of being attached to and detached from the stove, so that the stove is complete without them, and they are complete without being attached; and it also states that they may be attached to the stove by lugs or hooks, either cast in the back of the stove, with a corresponding eye in the side of the case surrounding the reservoir, or in the top and side of the reservoir, or the hook and the eye may be reversed. A detachable base-pan existed before, and hearths and ash-pans existed attached by lugs and hooks in the same way as the defendant's base-pan. A portable reservoir was old, with an escape-pipe or flue forming a part of the reservoir. A damper for the middle flue was old. A warming-closet below a base-pan and that below a reservoir were old. In view of the state of the art there was no invention, in claim 1 of the patent, in using to attach the base-pan an old mode used in attaching other projecting parts of the stove. Claim 2 is merely for an aggregation of parts and not for a patentable combination, there being no patentable relation between a portable reservoir with a flue in its rear side and the existence or portability of a base-pan beneath it. In claim 3 there is merely an aggregration of parts, there being no patentable relation between a damper for the middle flue of a three-flue stove, and the existence or portability of a base-pan or the existence of a warmingcloset.

The decree of the circuit court is reversed, with costs in this court to the Excelsior Manufacturing Company on both appeals, and the case is remanded to the circuit court, with direction to dismiss the bill, with costs.