1. Patents (§ 324*) — Suit for Infringement — Preliminary Injunction — Discretion of Court.

The granting or refusing of a preliminary injunction in a suit for infringement of a patent ordinarily rests in the sound discretion of the trial court, and a review of its action by the appellate court is limited to the inquiry whether there was an abuse of discretion in granting the injunction.

[Ed. Note. — For other cases, see Patents, Cent. Dig. § 608; Dec. Dig. § 324.*]

2. Patents (§ 54*) — Anticipation—Abandoned Experiments — (Paper Patent.

A patent for the first successful machine to accomplish a new and useful result is not anticipated nor limited by a mere paper patent granted many years before, although it disclosed the theory of the successful machine; such a patent having no place in the prior art.

[Ed. Note. — For other cases, see Patents, Cent. Dig. § 73; Dec. Dig. § 54*1

3. Patents (§ 235*) — Infringement—Colorable Changes in Mechanism.

Infringement is not avoided by dividing an integral element of the patented machine into two or more distinct parts, so long as the function and operation remain substantially the same.

JEd. Note. — For other cases, see Patents, Cent. Dig. § 371; Dec. Dig. § 235.*]

4. Patents (§ 176*) — Construction—Limitation by Specific Description.

It does not necessarily follow, from the fact that a claim of a patent describes a specific form of construction of a machine or part, that the inventor is limited to that form; but it depends on his expressed intention and the scope of his actual invention.

[Ed. Note. — For other cases, see Patents, Dec. Dig. § 176.*]

5. Patents (§ 328*) — Infringement—Fruit Seeding Machine.

The Péttit patent, No. 619,693, for a fruit seeding machine, held infringed, on review of an order granting a preliminary injunction.