Page:Federal Reporter, 1st Series, Volume 4.djvu/439

 EOOT ij.'e. n. weloh manuf'q co. 425 �with a rim of "struck-up" sheet metal, substantially as and for the purpose described. �Fijth. As a new article of manufacture, the combinatioh of a cloek dial B, metallic back A, and frame C, substantially as and for the purpose set forth. �On December 24, 1877, and before this suit was brought, the plaintiff duly made and entered in the patent-ofi&ce a dia- claimer, whereby he disclaimed the third clause of the claim, and further disclaimed, as follows : �"Further, in the first and second clauses of said claim, wherein 'a metallic scalp' forms one of the elements of the combinations respectively covered by said claims, Si disclaimer is hereby entered to a metallic scalp, broadly considered, and the scope of the claims is restricted to the combinations of parts specified in said first and second claims, when the metallic scalp therein specified is provided with lateral flanges on its outer and inner edges, substantially as illustrated in the drawings forming a part of said re-issued letters patent. Further, your petitioner enters a disclaimer to 'a rim of struck-up sheet metal,' broadly considered as entering into the fourth clause of claim, and restricts said claim to the combination of parts therein specified, when the 'rim of struck-up sheet metal,' therein specified, is formed on the edge of the metallic back, and serves to govern the position of the dial, substantially as illustrated in the drawings forpi- ing a part of said re-issued letters patent. Further, your petitioner enters a disclaimer to 'frame C,' broadly consid- ered as entering into the combination of parts specified in the fifth clause of claim, and restriots the scope of said claim to the combination of parts therein specified, when the 'frame C is provided with lateral flanges on its outer and inner edges, substantially as illustrated in the drawings of said re- issued letters patent." �The plaintiff stated in the disclaimer that he had secured claims in the re-issued patent which were too broad, and included that of which he was not the first inventer. Ho made the disclaimer in consequence of having seen a clock dial which had been sold \>j the Terry Manufacturing (3oia- ����