Page:Federal Reporter, 1st Series, Volume 2.djvu/244

 JTRAUSB V. KING. 237 �Btarted by the placing of the banda in the poekets and the consequent pressure or strain upon them. To strengthen this part I employ a rivet, eyelet, or other equivalent metal stud, d, -which I pass through a hole at the end of the seam, 80 as to bind the two parts of cloth together, and then head it down on both sides so as to firmly unite the two parts. When rivets which already have one head are used, it is only necessary to head the opposite end, and a washer can be interposed, if desired, in the usual way. By this means I avoid a larger amount of trouble in mending portions of seams which are subjected to constant strain. My invention is applicable to pantaloons, overalls, coats, vests and other garments. I am aware that rivets bave been used for secur- ing seams in shoes, as shown in the patent to George Hough- ton. No. 6e,015, April 23, 1867, and to L. K. Washburn, No. 123,313, January 3, 1872, and hence I do not claim, broadly^ fastening of seams by means of rivets." �The claim is as foUows : "As a new article of manufacture, pantaloons or other garments having their pocket openings eecured at the edges by means of rivets, or their equivalents, Bubstantially in the manner described and shown." �This case bas been contested with great vigor. The bill was filed in November, 1876. Testimony was taken from May, 1877, to January, 1878. The plaintiffs examined 283 witnesses, and the defendants 145. The plaintiffs' proofs cover 2,465 printed pages, and the defendants' 1,196. The plaintiffs' brief covers 323 printed pages, and the defendants' 152. Infringement is not contested, but the defendants rely on want of patentability and want of novelty in the thing patented. �On the point that there is no invention in the thing pat- ented, the defendants contend that the want of patentability consists in the fact that the invention is nothing more than the employment at the corners of a pocket opening of the old and well-known rivet ; and that no new function is perf ormed by the rivet in that place from what is performed by it in any other place. �The invention is claimed as an improvement in the pocket ����