Page:Federal Reporter, 1st Series, Volume 3.djvu/38

 DOUBIiE-POINTED TACK CO. V. TWO EIVERB MANUF'Q 00. 31 �is the staple used on the tliill of a wagon for the purpose of holding the saddle strap and the back breeehing strap, and also the staple used on harness hames, both of whioh are similarin formto complamant's device, except that the prongs do not run from the bodj of the staple at the angle shown in eomplainant's staple, nor are the points of the wagon thill and the hames staples beveled on any particular side, but are somewhat flattened on eaoh side, or made pyramidal at the points, so that they may be driven with facility through the wood, or inserted in holes made through the wood and Bwaged down upon the under side. Samples of other common loop staples are shown, some of whieh appear to have diag- onal outs at the points, but it is perhaps a curious circum- Btance that none of them show the diagonal eut on the same side of each point, particularly on the lower side of both points. �Now, it is claimed by counsel for defendant that such a state of the art, and such common knowledge with reference to wire staples, existed at the time eomplainant's patent was granted, as deprives the patentee of the Miles device of the ri^t to insist that his device was the resuit of invention ; and it is especially urged that, as the CoUins device shows one of the points of the staple beveled on the lower side, there was no invention on the part of Miles in making both the points of his staple beveled on the lower side ; and since we find that wire staples for bail ears were old when Miles conceived his device, and since, theref ore, his invention oannot relate broadly to ail kinds of staples, nor even to the simple cutting of a penetrating point diagonally, it beeomes a question whether it was invention to devise and make a staple fastening for bails with both points eut diagonally on the under side, so as to accomplish the purpose designed, viz., to bend the points upwardly in the act of driving. Plainly, if there is anything patentable in eomplainant's device, it is the diagonal eut on the same side of the two pointa. A claim of novelty based upon the form of the body of the staple is not well founded, because a staple of substantially the same form of body is old, AS is shown by exhibits in evidence. A mere reduction ia ����