Page:Federal Reporter, 1st Series, Volume 4.djvu/234

 220 rm>mtkh EapoBTBB. �Banning d Batining, for complainant. �George Paysan, for defendant. �Dbummond, C. J. These two cases depend maînly upon the construction whioh is to be given to plaintif 's patent of October 6, 1863, The counsel for the respective parties differ as to this construction» According to the view of the plaintiff's counsel, the patent should receive a liberal or enlarged construction, speaking of it in one sense. Accord- ing to the view of the defendant's counsel, the construction should be more nftrrow. The original patentee was James Bing. No controversy is made as to the title of the plaintiff to the patent. The patent is for an improved shoe for car brakes, constructed in two parts, a model of which I hold in my hand. That part which rubs against the periphery of the wheel of the car, and produces the retarding motion, is called the sole. The other part is called the shoe. Now, in con- sidering his invention, we must give effect to the whole of the description contained in the specification and claims. The patentee starts out with deelaring that his invention is — First, the construction of the two parts of the shoe, in the pecuiiar manner which is described, so that the part in contact Mdth the wheel can accommodate itself to the same. He goes on to deseribe that the periphery of a car-wheel is bevelled, and that the object of his pecuiiar construction of the shoe and the sole is that the part which cornes in contact with the periphery of the wheel may accommodate itself to the wheel. He claims that his invention conëists, secondly, in a pecuiiar combination of the two parts of the shoe, the devis by which the shoe is suspended to the truck, and the boit which secures the devis to the shoe, and the two parts of the shoe to each other. Then he describes the shoe by giving in detail the manner in which the parts are constructed, and their relations to each other, and to the periphery of the wheel ; and then he describes the pecuiiar manner in which the wheels of the car are constructed and beveled. One of the main things con- nected with the construction of these two parts, is that the shoe bas two lugs which pass outside of a lug, a, of the sole, and a boit fastens them together. There is also a lug, d, in ����