Page:Federal Reporter, 1st Series, Volume 4.djvu/430

 416 FEDERAL REPORTKB �Nathan H". Sharpless, for plaîntifF., �Walter George Smith and Francis Rawle, for defendants. �Butler, D. J., (charging jury.) On the twenty-seventh of July, 1858, letters patent were issued to Blaney E. Sampson, re-issued in February, 1860, and, upon their expiration in July, 1872, they were extended for a further term of seven years. Of these letters patent the plaintiff, Mr. Proctor, became the owner by assignment, as well for the period cov- ered by the extension i s that for which they were originally issued. �This patent, as you have leamed, îs for an improvement in pôle coupling for railroad cars, which is described by the in- ventor to consist in so applying or constructing the car pôle that it shall be sustained at the proper height to couple with the car bunter, and be self coupling at ail horizontal angles of presentation to which the pôle may be liable, and in so applying the pôle that its weight shall be sustained by the car, instead of bearing upon the horses, as iUustrated by the model here exhibited. What the inventor claims as his in- vention is — First, the method of applying the pôle so that it shall be in position to shackle when brought against the plat- form at any angle of presentation ; and, second, so applying the ^ole that it shaU be supported by the car instead of by the horses. The devices described are so simple, and so well illustrated by the model exhibited, as to require no comment from the court. The description and claim have been several times read, and the model exhibited and explained so fuUy, that I would but waste your time and our own by dwelling on this subject. This model, I repeat, exhibits in a form so sim- ple the claims of the plaintiflf that it is readily understood. [Taking the model in hand, the court pointed out its parts and explained it as foUows :] �The first claim consists subatantially of the open jaw, which affords an opportunity of shackling and unshaoHing the pôle at any angle from the front or side, as you observe. I should say to you that the second claim consists substantially in this brace or pôle support, together with its rear connec- tion or support, as described in the patent. You will observa ����