Opinion of the Court. Fig.2. "This invention relates to pavements for sidewalks and other purposes, and consists in combining, with the joints of concrete pavements, strips of tar-paper or equivalent material arranged between the several blocks in such a manner as to produce a suitable tight joint and yet allow the blocks to be raised separately without affecting or injuring the blocks adjacent thereto. "In carrying out my invention I form the concrete by mixing cement with sand and gravel or other suitable materials to form a suitable plastic composition, using about the following proportions: One part, by measure, of cement; one part, by measure, of sand, and from three to six parts, by measure, of gravel, using sufficient water to make the mixture plastic; but I do not confine myself to any proportions for making the concrete composition. While the mass "This invention relates to a concrete pavement which is laid in sections, so that each section can be taken up and relaid without disturbing the adjoining sections. With the joints. of this sectional concrete pavement are combined strips of tar-paper or equivalent material arranged between the several blocks or sections in such a manner as to produce a suitable tight joint and yet allow the blocks to be raised separately without affecting the blocks adjacent thereto. "In carrying out my invention I form the concrete by mixing cement with sand and gravel or other suitable material to form a plastic compound, using about the following proportions: One part, by measure, of cement; one part, by measure, of sand, and from three to six parts by measure, of gravel, with sufficient water to render the mixture plastic; but I do not confine myself to any definite proportions or materials for making the concrete composi Opinion of the Court. is plastic I lay or spread the same upon the foundation or bed of the pavement, either in moulds or between movable joists of the proper thickness, so as to form the edges of the concrete blocks a a, &c. When the block a has been formed I take strips of tar-paper b, of a width equal or almost equal to the height of the block, and place them up against the edges of the block in such a manner that they form the joints between such block and the adjacent blocks. After completing one block, a, I place the tar-paper along the edge where the next block is to be formed, and I put the plastic composition for such next block up against the tar-paper joint and proceed with the formation of the new block until it is completed. In this manner I proceed in making all the blocks until the pavement is completed, interposing tar-paper between their several joints, as described. The paper constitutes a tight water-proof joint, but it allows the several blocks to heave separately from the effects of frost, or to be raised or removed separately, whenever occasion may arise, without injury to the adjacent blocks. tion. While the mass is plastic I lay or spread the same on the foundation or bed of the pavement, either in moulds or between movable joists of the proper thickness, so as to form the edges of the concrete blocks a a, one block being formed after the other. When the first block has set I remove the joists or partitions from between it and the next block to be formed, and then I form the second block, and so on, cach succeeding block being formed after the adjacent blocks have set, [and since the concrete in setting shrinks, the second block when set does not adhere to the first, and so on,] and when the pavement is completed each block can be taken up independent of the adjoining blocks. Between the joints of the adjacent blocks are placed strips b of tar-paper or other suitable material in the following manner: After completing one block, a, I place the tar-paper balong the edge where the next block is to be formed, and I put the plastic composition for such next block up against the tar-paper joint and proceed with the formation of the new block until it is completed. In this manner I proceed until the pavement is Opinion of the Court. The paper does not adhere when placed against the edge of the fully formed block, and therefore the joints are always free between the several blocks, although adherence may take place between the paper and the plastic edges of the blocks which are formed after the paper joints are set up in place. "What I claim as new and desire to secure by letters-patent is completed, interposing tar-paper between the several joints, as described. The paper constitutes a tight, water-proof joint, but it allows the several blocks to heave separately from the effects of frost, or to be raised or removed separately, whenever occasion may arise, without injury to the adjacent blocks. The paper when placed against the block first formed does not adhere thereto, and therefore the joints are always free between the several blocks, although the paper may adhere to the edges of the block or blocks formed after the same has been set up in its place between the joints. [In such cases, however, where cheapness is an object, the tar-paper may be omitted and the blocks formed without interposing anything between their joints, as previously described. In this latter case the joints soon fill up with sand or dust, and the pavement is rendered sufficiently tight for many purposes, while the blocks are detached from each other and can be taken up and relaid each independent of the adjoining blocks.] "What I claim as new and desire to secure by letters-patent is Opinion of the Court. "The arrangement of tarpaper or its equivalent between adjoining blocks of concrete, substantially as and for the purpose described." "1. A concrete pavement laid in detached blocks or sections, substantially in the manner shown and described. "2. The arrangement of tar-paper or its equivalent between adjoining blocks of concrete, substantially as and for the purpose set forth." On the 1st of March, 1875, Schillinger filed in the Patent Office the following disclaimer: "To the Commissioner of Patents: Your petitioner, John J. Schillinger, of the city and county and State of New York, represents that letters patent of the United States, reissue No. 4364, bearing date May 2, 1871, were granted to him for an improvement in concrete pavements. That he has reason to believe that, through inadvertence, accident, or mistake, the specification and claim of said letters patent are too broad, including that of which your petitioner was not the first inventor, and he therefore hereby enters his disclaimer to the following words: And since the concrete in setting shrinks, the second block when set does not adhere to the first, and so on,' and which occurs near the middle part of the said specification, and to the following words near the end of the specification: In such cases, however, where cheapness is an object, the tar-paper may be omitted and the blocks formed without interposing anything between their joints, as previously described. In this latter case the joints soon fill up with sand or dust, and the pavement is rendered sufficiently tight for many purposes, while the blocks are detached from each other and can be taken up and relaid each independent of the adjoining blocks.' Your petitioner hereby disclaims the forming of blocks from plastic material without interposing anything between their joints while in the process of formation. Your petitioner owns the said patent and the whole interest therein, except in the following places or territory, for which he has granted exclusive licenses under royalty, or sold rights under said patent, to wit, the counties of Opinion of the Court. Kings, Queens, and Richmond, New York State; Hartford County, Connecticut; the District of Columbia; the States of New Jersey, Georgia, Maryland, Louisiana, Texas, Ohio, Michigan, Missouri and Illinois, which above-named States and places comprise all the territory for which he has sold or granted exclusive licenses or rights in or under said patent, to the best of his recollection, knowledge and belief." The words specifically disclaimed by the disclaimer are embraced in brackets in the copy of the specification of the reissue above set forth. The Schillinger patent has been before several of the Circuit Courts of the United States, and also before this court, for adjudication. In the Circuit Court for the Southern District of New York, before Judge Shipman, in February, 1877, in Schillinger v. Gunther, 14 Blatchford, 152, and 2 Ban. & Ard. Pat. Cas. 544, and 11 Off. Gaz. 831, and in the same case, before Judge Blatchford, in August, 1879, 17 Blatchford, 66, and 4 Ban. & Ard. Pat. Cas. 479, and 16 Off. Gaz. 905; in the Circuit Court for the District of California, before Judge Sawyer, in May, 1881, in California Artificial Stone Paving Co. v. Molitor, and The Same v. Perine, 7 Sawyer, 190, and 8 Fed. Rep. 821, and 20 Off. Gaz. 813; in the Circuit Court for the Northern District of New York, before Judge Blatchford, in July, 1883, in Schillinger v. Greenway Brewing Co., 21 Blatchford, 383, and 17 Fed. Rep. 244, and 24 Off. Gaz. 495; and in the Circuit Court for the Southern District of Ohio, before Judge Sage, in June, 1884, in Kuhl v. Mueller, 21 Fed. Rep. 510, and 28 Off. Gaz. 541; the patent was sustained. In the Supreme Court of the District of Columbia, in general term, in July, 1885, in Schillinger v. Cranford, 4 Mackey, 450, and 37 Off. Gaz. 1349, it was held void, on the question of novelty. It was also interpreted by Judge Sawyer, in the Circuit Court for the District of California, in California Artificial Stone Paving Co. v. Freeborn, in January, 1883, 8 Sawyer, 443, and 17 Fed. Rep. 735, and by Judge Deady, in the Circuit Court for the District of Oregon, in August, 1887, in Schillinger v. Middleton, 31 Fed. Rep. 736. |