Page:Federal Reporter, 1st Series, Volume 4.djvu/434

 deseribed m the letters patent, and exhibited by the plaintiff's model." �(10.) "The manner in wblch the forked brace is supported is not a part of the second claim of the patent. It can.be done" — th^at is, it can be supported, as I understand it — "in various ways, sho^n by the evidence in this case, provided some substantial support is provided for this forked brace at the fork, so thatihe car pôle may be held in position by it." �I afiBirm that also, with the addition and qualification, viz. : with any support by which it can be held steadily in a hori- zontal position for allpurposes connected with the use of the pôle, including that of shackling, as I bave before described to you. �(11.) "If the jury believe that either or both of thedevices claimed as new, in the plaintiff's patent, were known to or used by even a single person prior to the date at which Sampson, the patentee, first actually conceived his invention, they will consider that such claim or claims are void, and they will not consider such claim, or both claims, as the case may be, in making up their verdict." �That is true. It is what I have said to you. If you find that either of these claims was old at the time of Sampson's ' conception, then he was entitled to no patent for such olaim. If both were old, he was entitled to no patent at ail. �Now, gentlemen, are the allegations, or either of them, the defences set up proved? In support of the first, to-wit, that the plaintif authorized the use, you have the testimony of Mr. Brill, — not the defendant, but the young man who was upon the stand. Mr. Brill gives you his statement of the plaintiff's interview with him on this subject. You bave heard the comments of oounsel upon this statement, as well as the answer of the plaintiff, in which he denies the truth and accuracy of Mr. BrUl's statements. You will judge whether it is or is not probable that the plaintiff would authorize the defendants to use his devices without looking to them for compensation, and will determine, from ail the evidence bearing ou the question, whether he did so or not. ����