Page:Federal Reporter, 1st Series, Volume 3.djvu/36

 DODBLE-POINTED TACK CO. V. TWO EIVEES MANUF'g CO. 29 �ing entirely through the same and clinched upon the inner side. Nor does the device, as I understand it, show beveled prongs; certainly, not prongs both beveled on the under side. This patent was re-issued in 18Y6, and the claim in the re-issued patent is — First, as a new article of manufacture, a bail ear for pails, made of wire, bent to form a loop, and having two prongs that are clinched ; second, the combination of the staple with the bail ear ; tldrd, a bail ear made of -wire and having art eye for the bail between the two prongs. �The Krichbaum patent, granted in 1869, discloses a staple having two prongs or points one above the other ; but these prongs are not beveled on their lower sides, and evidently are not made to penetrate in an upward direction, nor are they intended to be driven into the wood, as complainant's device is. The specifications in the patent state that "these ears are secured to the pail by first boring holes therein, in which the prongs are inserted, which being done they are then clinched down upon the inside." This device, therefore, does not exhibit the characteristic of the Miles invention, viz., up- wardly penetrating points, both arranged to tum in the same direction in the wood in driving. �Miller's patent, granted in April, 1874, — a caveat for his device having, however, been filed in the patent-office in Au- gust, 1873, — shows a staple with two points projecting at directly right angles to the bail ear, each of which points is notched; and in the specifications of the patent it is stated that "the ears are attached to the opposite sides of the bucket, keg, or cask, by driving the projecting portions through the bucket, the top one being near the rim of the other, a short distance down the side, and the projecting ends clinched or swaged, the notches facilitating this operation." The claim in this patent is a broad ope, since it is for an article of manufacture, being "the combined bucket, bail and ears, described, the latter con- structed of flat iron, with its lower end rounded to pass through the side of the bucket, and the other end rounded and bent upon itself to form a loop, and terminating in the prong constructed to pass through the side of the bucket." This patent was re-issued in 1877, and the claim in the re-issued ����