Page:Federal Reporter, 1st Series, Volume 3.djvu/34

 DOUBLE-POINTED TACK 00. V. TWO RIVEES MANUP'o 00. 27 �The claims of the patent are as follows : �"1. The compound staple-fastening D, for bails, made with the diagonally-cut penetrating points 2 and 3, loop 4, and body 5 ; said diagonally-cut points being positioned as set forth, so as to bend upwardly in driving into the wood. �"2. The convex metallic washer B, in eombination with the compound bail-fastening staple D, having upwardly pen- etrating points 2, 3, and loop i." �Drawings of the device annexed to the specification show a staple fastening with two penetrating points or prongs, the •upper prong being longer than the lower. The lower prong runs at an acute angle, and the upper prong at an obtuse angle, from the body of the staple; the prongs, as shown in the drawings, having an upward inclination. The points are bev- eled, or eut diagonally on the lower sides, so as to cause them, when driven into the wood, as it is claimed, to turn upwardly and clinch as they are being driven. The washer used in eombination with the staple, to keep the bail from contact with the wood, is an ordinary convex metallic washer. The patent as to the first claim is attacked for want of novelty, and as to the second, because it is, as claimed, for a mere aggregation of parts. �Coneerning the second claim I have no doubt. As we have seen, that claim is for the convex metallic washer in eom- bination with the staple. It is not perceived how the washer can be said to co-operate with the bail ear in the production of a common resuit. It may give greater finish to the pail, and'prevent the bail from rubbing and disfiguring the wood at the point where the bail is fastened to the ear, but the union of the two devices does not contribute necessarily to one or the same resuit, and does not involve invention. The bail ear and the washer perform separate and distinct functions, the distinct office of neither being changed or affected by the operation of the other. The function of the bail ear is to afford a staple fastening for the bail. The presence of the washer does not contribute tonor aid the completeness of the connection between the bail and the bail ear, nor the attach- ment of the bail ear to the pail. The addition of the washer, ����