Page:Federal Reporter, 1st Series, Volume 10.djvu/764

 752 FEDERAL REPORTER. �no mor* would be patented, the want of novelty might be made eut. But, as before attempted to be shown, the invention involves the increase of the size of figures in proportion to the size of letters in con- nection with this size of the body of the type, and the whole of that does net appear with the requisite clearness to have been known or used before. �Let there be a decree that the patent is valid, that the defendants infringe, and for an injunction and an account according to the prayer of the bill, with eosts. ���Hardy and another v. Marblb.* �(Circuit Court, 8. B. New York February 11, 1882.) �1. Lettbrs Patent — Rbissub 7,729— Corset Clasp— iNPRiNGBurENT. �A preliminary injunction refused, it being doubtful whether, in view of the language of the apeoifloation and claim, and of the state of the art, defendant's clasps were an infringement of plaintifE's patent, reissue 7,729. �In Equity. On motion for injunction. �F. P. Msh and J. S. Van Wyck, for plaintiffs. �E. Wetmore, for defendant. �Blatchfoed, C. J. I am not prepared to hold, on this motion for a preliminary injunction, that the second claim of reissue No. 7,729 can, in view of the text of the specification and of the language of the claim and of the state of the art, be held to extend to anything less than the wide steel or busk marked a, with studs on it, placed near the edge of it, — that is, further from that side of it from which the fastening spring approaches the steels, — the fastening spring lying upon the wide steel substantially "near its center or further edge," for the purpose set forth in the text. The absence of the wide steel, in this view, from the defendant's two forms of elasp — the three steel and the four steel — makes the question of infringement so doubtful as to make it improper to grant a preliminary injunction. �The Bradford corset olasp and the Cohn corset clasp both of them have the wide steel and the other features above mentioned. �♦Reported by S. Jielson White, Esq., of the New York bar. ��� �