Double-Pointed Tack Co v. Two Rivers Manufacturing Company

This is a suit in equity brought in the circuit court of the United States for the eastern district of Wisconsin, for the infringement of letters patent No. 147, 343, granted February 10, 1874, to the plaintiff, the Double-pointed Tack Company, as assignees of Purches Miles, the inventor, for an 'improvement in bail-ears.' The circuit court dismissed the bill, and the plaintiff has appealed to this court.

The specification of the patent says:

'Wire staples have been employed to form the fastening eyes     for bails, and these have been driven into the wood with the      penetrating points nearly at right angles to the surface, and      in use they are liable to pull out by the weight. My     invention consists in a bail-fastening staple made of wire,      with the penetrating ends cut at such an angle that, in      driving them into the wood, they will assume an upward      inclination, so that the weight will tend to force such      points inwardly rather than to draw them out, and the bending      of the ends in clinching will always be upwardly, thus making      a better and more reliable article than heretofore; and I      combine with such fastening a convex metallic washer to keep      the bail from contact with the wood or the paint thereon. In     the drawing, figure 1 is a section of the fastening,      complete;     figure 2 shows the compound staple-fastening separately; and      figure 3 is an elevation of the washer. The wood-work, a,     represents part of a bail or tub, and the bail, b, is of      wire, having eyes, c, at the ends, which are bent so as to      stand parallel, or nearly so, to each other. The compound     staple-fastening, d, is made with the penetrating points, 2,      3, loop, 4, for the eye, c, and the body, 5. The ends, 2, 3,     of the wire are cut diagonally, so that, in driving them into      the wood, the tendency is to bend upwardly and clinch, and      they will usually be long enough to pass through the wood and      be clinched. The body of the fastening stands vertically, or     nearly so, and will usually be partially embedded in the      wood. The sheet-metal washer, e, prevents the eye, c, coming     against the wood. The points of the staple penetrate the wood     upwardly, so as effectually to prevent the staple pulling out      under the ordinary strain to which it is subjected.'

The claims of the patent are these:

'(1) The compound staple-fastening, d, for bails, made with     the diagonally cut penetrating points, 2 and 3, loop, 4, and      body, 5, said diagonally cut points being positioned as set      forth, so as to bend upwardly in driving into the wood, as      set forth. (2) The convex metallic washer, e, in combination     with the compound bail-fastening staple, d, having upwardly      penetrating points, 2, 3, and loop, 4, as and for the      purposes specified.'

A. v. Briesen, for appellant.

''Wm. P. Lynde'', for appellee.

BLATCHFORD, J.