Page:Federal Reporter, 1st Series, Volume 3.djvu/33

 26 I^DEBAL BEFOBTEB. ���Thb Double-Pointbd Taok Company v. The Two Eivees Manufactueino Company and others. �{Oireuit Court, E. D. Wiaconsin. , 1880.) �l. Invention — Combination.— A patent, for a combination composee! of a mere aggregation of parts which have no common function, is void for want of invention. �X 8ahb — Staples. — In the present state of the art, a staple having its points run at a certain angle, and t)0tli points beveled on the same side, so that they incline or bend in the same direction when driven into wood, and adapted for use upon pails, is not such an invention as ■will sustain a patent. �In Equity. Infringement of Patent, �Murphy e Goodwin, for complainant. �Finches, Lynde e Miller, for defendants. �Dyeb, D. J. Complainant's rights depend upon the valid- ity of a patent issued February 10, 1874, for an improvement in bail ears used upon pails. One Purches Miles was the alleged inventer of the device in question, and filed an appli- cation for a patent November 11, 1873, but the grant of let- ters patent was made to complainant. Miles having assigned to it his right, title, and interest in said invention. In his specifications the inventer makes this admission: "Wire staples have been employed to form the fastening eyes for bails, and these have been driven into the wood with the pen- etrating points nearly at right angles to the surface, and in use they are liable to pull out by the weight." He then de- scribes his invention as foUows : "My invention consista in a bail-fastening staple made of wire, with the penetrating ends eut at such an angle that, in driving them into the wood, they will assume an upward inclination, so that the weight will tend to force such points inwardly, rather than to draw them out, and the bending of the ends in clinehing will alwaya be upwardly, thus making a much better and more reliable arti- cle than heretofore; and I combine with such fastener a con- vex metallic washer, to keep the bail from contact with tha wood or the paint thereon." ����