Page:Federal Reporter, 1st Series, Volume 3.djvu/344

 FBiiTT V« BOSEKFEIiD. B37 �part of his title is in any way whatever established. It îs said that many ornamental tbings are bought, of no intrinsio value, to gratify the whim, taste, or extravagance of a pur- chaser, and that for many of these articles patents are oh- tained. This may he so, but in such cases there is no de- ception, no false appearance, and the article is bought to be used with ail its decorations and ornaments, which may have been the principal indueements to the purchase, and which ■will last as long as the article itself." �In this case the buttons are to be used by the purchaser, but the card is not, either with them or by itself. The design does not apply to the manufacture proper, but only to the arrangement of it for sale. Putting an article into a more convenient form for sale, without changing its qualities or properties, is not patentable as an improvement in the arti- cle. Glue Co. V. Upton, 97 U. S. 3. So, merely changing the mode of keeping and presenting an article for sale, with- out changing its form or appearance, will not support a patent for a design. There should be something affecting the article itself. Further, cards for buttons, faced with foil and divided into spaces by bands, were well known and in common use. Those for pearl buttons may not bave been divided into dozens, in rows of three by four, but tbey were divided so that dozens could be readily eut from the card, in two rows of six and one of twelve ; and there were cards divided into spaces for several dozens by such bands as the patent de- scribes ; and cards of cloth buttons spaced for dozens in rows of three by four. With these tbings known, there was noth- ing rising to the level of inventive skill in arranging pearl buttons by dozens, on cards, in three rows of four. �Let a decree be entered dismissing the bill of complaint, with costs. �v.3— 22 ����