“This case comes before the court upon a motion for an injunction. The plaintiff, by his bill, claims to be the proprietor of ‘an improvement on the horizontal circular plane or wheel, invented by him, for the purpose of gaining power by, applying animal weight to the propelling of boats on water, or to machinery on land;’ which, the bill charges, was secured to him by a patent dated the 17th of November 1819, and that the specification was filed in the patent office on the 13th of April 1818. The specification states, that ‘the method used in this new invention is to have the animals harnessed to any. particular part of the boat, or machinery, and to have them acting, or walking on the deck, or on a movable or fixed platform, square, circular, or of any other shape—the same being fixed to a perpendicular shaft, and connected by cog wheels, so as to act on the water wheel. By which new position or place in the boat, on which the animals are kept in action, two or four horses will perform, and save the labour of from twelve to twenty when kept moving in the ordinary method at present used in team boats.’ The bill sets forth a certificate of the secretary of. state that the specification on which the plaintiff’s patent was issued, dated New York, April 9th, 1818, was received and filed in the patent office on the 13th of April 1818.”
4 Wash. C. C. 259