Jay

The plaintiffs below, Webb Jay and Stewart-Warner Speedometer Corporation, are respectively the owner of and exclusive licensee under patent No. 1,132,273, granted to Jay March 16, 1915. The patent is for what is commonly known as a vacuum tank fuel feed for automobiles. The complaint alleges infringement thereof, particularly of claims 9 and 14, by the defendants, in their manufacture and sale of what is referred to as the Simplex vacuum feed covered by patent No. 1,662,282, issued March 13, 1928. Prom an interlocutory decree adjudging the validity of plaintiffs’ patent and its infringement, and directing an' accounting, defendants appeal.

As distinguished from gravity and pressure systems, the vacuum feed consists of means by which the gasoline is drawn by suction from the main tank, generally carried at the rear end of the car, to a small supply tank located near to and higher than the carburetor, from which under divers controls it flows uniformly and continuously to the *880 carburetor and combustion chambers. The problem has been so dearly stated and the Jay device so-fully and fairly explained by published decisions that elaborate description is thought to be unnecessary.…