Page:Federal Reporter, 1st Series, Volume 1.djvu/184

 176 FEDEIIA.L EEPOETERi �ble strip, and nothing more. The otject to be accomplislied was removing the roda without loss of time. The means were the headed rods, which were so arranged as to be ail drawn out at once by pulling off the removable strip. �It is true that in her specifications she says that the width of the board may be inereased at will, by adding a strip to one of the edges, but that is not part of the invention which she claims as hers, and which she is to be protected in. She is, therefore, without ground to complain of the infringement of anything except the combination of the headed rods with the removable strip. �There is no evidence that the respondent uses, or suggests to his purchasers that they shall use, headed rods, or that his object in making his board in the manner he does is other than the purpose set forth in the specifications of his patent, viz. : to enable the width to be enlarged or diminished. He uses, also, his own device for holding the rods on to the board. There is no evidence to show that the boards made by the respondent do, in fact, when used, accomplish the resuit proposed to be accomplished by the complainant's in- vention. It was suggested in argument that, as the respond- ent's board was made with a detachable strip, when the strip was removed, and the board tilted over and slightly shaken, the rods would ail fall out, thus accomplishing the same resuit as when the headed rods were ail forcibly drawn out by removing the strip in complainant's board. If this be in fact so, it is a resuit for which I cannot see that complainant bas any remedy. The respondent bas a right to manufacture in accordance with his patent, and if by so doing, and with- out infringing the claim of complainant, he prodaces a ma- chine which incidentally, and without use of her invention, accomplishes the useful purpose of her invention, he may do so. �I have come to these conclusions without considering the evidence submitted by the respondent and excepted to by the complainant. �The certificate of the patent-office that the respondent filed ��� �