Page:Federal Reporter, 1st Series, Volume 2.djvu/696

 PBOK, STOW & WILCOX CO. V. LINDSAT. 689 �laterally from it, at or near the top, so as to form the cover of the box, and is provided with the means of attachment to the wooden box. On this metallic top the machinery of the mill is set up complete, and the sanae is then united to the box. �The specification thus states the purpose and advantages of the invention: "By makingthe combined box top and hop- per of the form and as described, the entire grinding mechan-. ism, together with the box top and hopper cover, can be sot up, fitted and finished -wholly independent of the wooden box, whereby the box is not soiled in setting up ; neither is any extra labor or caution necessary in order to prevent soiling the wooden top, as the metal box top, hopper, cover and grind- ing mechanism, which constitute the mill proper, can be put together, fitted and finished in one room by one set of hands, and then attached to the box proper in another and cleaner room by another set of hands. Thus it will be seen that both the box and the grinding mechanism, with the box top, sunk hopper, and cover attached, may be properly finished before securing the latter parts of the box, so that merely securing the box top to the box produces a neatly finished box mill, with sunken hopper and cover complete, without any subse- quent operation, which mill is stronger and more durable than prior ones of the same class, and at the same time it can be produced at a reduced cost." �The affidavits in the case fuUy support the f oregoing state- ments and establish the utility of the invention. It appears that on November 30, 1877, E. L. Webb filed his application in the patent office for letters patent for an improvement in coffee mills, to be issued to his assignees, Landers, Frary & Clark, the defendants' vendora. In this application the fol- lowing claim was made: "In a box mill, the hopper con- structed with a laterally projeeting flange to form the top of the mill, and with lugs on the under side as a means for securing the hopper and its flange, of the said flange, to the box, substantially as described;" �This application of Webb was put in interference with the original iapplication of Amos Shepard, the issue made �v.2,no.8— 44 ����