Page:Federal Reporter, 1st Series, Volume 3.djvu/808

 BBtJMMin V. HOWABD. 801 �Bbummitt V. HowAED anfl otliers. �{Circuit Court, D. Massachutetts. Beptember 30, 1880.) �1. Patent No. 177,466, dated May 16, 1876, for an improvement in the metbod of uti^lizing the leather of old card clotbing, from which the teeth have been removed, not sustained. �In Equity. �F. A. Dearborn, for complaînant. �E. P. Howe,'tot defendants. �LowELL, G. J. The oomplainant has letters patent, No, I77,e66, dated May 16, 1876, for an improvement in the method of utilizing the leather of old card clothing, from which the teeth have been removed. The invention is fuUy described in the specification, and again in the claim, which is for "the method of utilizing the leather of old card clothing by heating it with gum tragacanth, and resetting it with teeth reversely to the original teeth, substantially as de- scribed.* �The machinery for setting teeth for cards was old; the treatment with gum tragacanth was old ; but it is only within a very few years that old card clothing has been put to use a second time. The application of gum tragacanth does not appear to be important, and it has been used by the defend- ants to a very slight extent. The actual discovery relied on is that of turning the leather so as to present a different side to the old tooth-setting machine, and then, as the teeth are always set at an angle, the new holes will run across the old holes. If set in the same direction it would be impossible to prevent their working into and enlarging the old holes. �The plaintiff made his invention in March or April, 1875. Several witnesses testify that old leather was reset by J. L. Woodcock & Co., of Leicester, Massachusetts, for Edward Gould, superintendent of the Hopeville Manufacturing Com- pany, Worcester, and afterwards of the Darling Mills, on several occasions between November, 1873, and the date of the plaintiff'g invention. The history of this manufacture is traced; books and receipts fix the dates; and what purports �T.3,no.l3— 51 ����