Page:Federal Reporter, 1st Series, Volume 1.djvu/330

 322 FEDERAL REFOBTES. �armature are brought down by the set-serew. So, the regu- lation of the rapidity of vibration of the spring and armature is imperfect. But the length of vibration of the armature, or the distance from the magnet to which the spring can carry the armature, is regulated ; and that is ail that the claim deals with. The description in the application of February 2, 1854, says that the eet-screw adjusts the spring, against which it bears, and that the armature is attached to the end of the spring. Of course, it follows, from the construction, that, if the set-screw is turned so as to carry the spring down, the armature will be brought nearer to the magnet, although the description does not state that conclusion. It does state that the rapidity of the vibration of the armature depends on the strength of the magnet and the adjustment of the spring by the set-screw. On page 356 of an article by Dr. Page, in Silliman's Journal, volume 32, published in July, 1837, is a description and drawing of an automatic circuit-breaker, in which there is a metallic wire vibrating between the pôles of a horseshoe magnet, with a thumb-screw for regulating the vibrations of the bar, they being made more rapid by bring- ing down the thumb-screw on the bar. This, of course, reg- ulates the length of vibration of the bar, as well as the rapidity of the vibrations. This apparatus is referred to in the specification of the plaintiffs' re-issue, as described in Silliman's Journal, volume 32, pages 355 to 358, and as "consisting of a very small electro-magnetio bar, vibrating between the arms of a permanent magnet, the magnet changing its pôles at each vibration, the length of vibration of the bar being regulated by a set-serew," and as being "a vibrating automatic circuit-breaker." �There is no doubt that what is covered by the thirteenth claim, as described in the specification and shown by figure 9, can take date from February 2, 1854, because described in the application of that date. But it cannot take date from the date of the publication in volume 32 of Silliman's Journal, pages 355 to 358. The specification of the re-issue draws, on its face, a clear distinction between an electro- magnetic bar vibrating between the arms of a permanent ��� �