Page:Federal Reporter, 1st Series, Volume 4.djvu/433

 PBOOTOB V. BBIIiL. 419 �àrô brought to the real questions involved in the case. The burden of proof respecting them rests on the defendants. The allegations must be proved, or must be disregarded. The presumptions are in favor of the patent as respects the nov- elty of the invention claimed, and especially so in view of the long time it bas run -without successful challenge. In this connection, at this time, I wfll read and answer, before turn- ing to the evidence bearing upon the questions seriousJy con- tested, certain points presented by the defendants' counsel. The preceding points having been withdrawn, I read no'W point 7: �"If the jury believe that substantially the same devices or device that is claimed in the plaintiff's patent was in use for a similar purpose on carriages, wagons, or steam cars before Sampson conceived his device, the application of sueh old devices to a street car is not patentable, and a patent granted for such application would be void." �If this device or these devices embraced in this patent were previously applied, as suggested in this point, to other vehi- cles than street cars, for a similar use, the application of them to a street car would not entitle'Mr. Sampson to a pat- ent ; and in such event his patent is void. �(8.) "The subject-matter of the first claim of the letters pat- ent in the suit is an open jaw, fixed to the front end of a street car, open on both sides as well as at the front, so that the pôle of the car can be côupled or ehackled with equal facility when directly in front or when presented at any" angle on either side." �That is true. It is substantially what the court haa al- ready said to you. �(©.) "The subject-matter of the second claini- is a brace _ attached to the under part of the car pôle, màde with aforked end next the car, adapted to rest upon or fit iiito any suitàbl«> support on the front of the car, so that the weight of the front end of the pôle is Supported, and the weight thereof taken off the necks of the horseSe", ■ �The court will affirm that also, adding these wôrds: "Aa ����