Page:Federal Reporter, 1st Series, Volume 3.djvu/644

 TTLEB V. WELCH. 637 �taien off and a bandage put on, and the cheese again placed in the hoop.and subjeçted to pressure. The object of Stern- bergh's invention was to complete. the process in one opera- tion, and obviate the necessi,ty. of first using the press cloth. To effect this it was necessary that a hoop should be con- structed in which a bandajge could be securely fastened at the upper part of the hoop, becaaseotherwise the bandage would become wrinkled during:the proces of pressing, and leave in- dentations in the chees^, whiçh would. soon be occupied by skippers, and it was desir^le that the bandage should be fastened in such manner as not to- interfere with the f ollower. In the original patent Sternberg^i's invention is described as consisting in the eniployatentof an.adjustable ring or band for holding the upper end of the bandage, inside the hoop, and made to occupy a groove in the hoop so as not to interfere with the foUower. The ring is provided with a contrivance for locking it in its place within the groove. ^, , , �In using the Sternbergh hoop the cheese bandage is placed in the hoop, and its upper edge is held bet-ween the ring or band by expanding the band into the groove 'and locking it in its place. The bandage is then smoothed by letting down what constitutes the bottom pf the hoop. The curd is then inserted, and the pressing operation begins, during which. the bandage is held firmly in place, while the band, being within the groove, does not obstruct the free passage of the foUower. �So far as appears frora the proofs, Sternbergh was the first to employ an adjustable band, located within a recess inside the cheese hoop, which would hold the bandage firmly, and yet not interfere with the follower. Neitherthe Bent nor the Wilson cheese hoop are anticipations. They were designe d to effect the same object which Sternbergh sought to obtain — the dispensing with pressing the curd in a sack .bef ore. press- ing it in a bandage — and did effect this, but not by the same means. There is nothing in either of these hoopa which would suggest Sternbergh's invention. �The defendant's hoop cpntains an adjustable band, loeated partly within the hoop and partly above it. It oceupiesa recess within the hoop, is locked, and holds the bandage sub- ����