Page:Federal Reporter, 1st Series, Volume 4.djvu/341

 STJZZELL V, CONNEIiL. ���32t ���movable clamp of ingenious construction, patented by Pay after the date of Willis' invention. Botb parties use felt under the sand-paper, wHieh appears to have been introduced by Howe, whose patent is also later than Willis'. The defend- ant has a right to use these two patents. �The defendant insists that Willis made no invention which will support a patent. Solid cylinders, with sand-paper tacked to them, had been used before; and one Copeland had, as early as 1856, made and patented a hand-tool in which the sand-paper was wrapped round two halves of an ellipse, which were hinged by a piece ôf clotb glued tù each, and was held firmly together by the hand of the operator, who rubbed the soles with this tool, much as he would bave done with a large file or rasp baving a bandle at each end. The defendant con tends that the only change which Willis introduced was to eut the pld solid cylinder into two parts and hinge those parts together, just as Copeland had hinged bis hand-tool; and that this did not require invention. How generally the old solid cylinder was used, and whether it was of mucb or little value, we are not informed. I infer from the remarks of one witness that the patentee's cylinder, or those like it in principle, first brought buffing by machinery into common use. Sup- posing the old solid cylinder used in a machine driven by power to bave been of some use, and to bave been generally known, still, I think, there was a patentable improvement in cutting it in two, bringing the parts together, and fastening tbem to the shaft, so that tbey should operate like a solid cylinder, tbough the hinged tool to be operated by hand bad already been introduced by Copeland. The advantages of the knife, and this mode of adjustment and of operation, are so different in the two cases that one could hardly be an antici- pation of the other. It seems to me that the defendant inf ringes the first claipi of the patent. He has a better work- ing tool; but it îs made on the principle of the plaintiffs* patent. It is a cylinder eut in two, hinged, wrapped with sand-paper, and held together and upon the journals by a shaft. It may be that the particular mode of fastening is new in this tool, There is no evidence upon that point, except ����