Page:Federal Reporter, 1st Series, Volume 4.djvu/440

 426 FEDERAL REPORTER. �pany, and which he supposed preceded the date of bis inTen- tion. In fact, the dial was made by bimself in 1856. The drawings of the patent show that the inside edge of the frame covering the edge of the paper dial is a lateral flange. The outside part of the frame, which turns over the edge of the back, is also a lateral flange. I am of opinion that infringe- ment of the first, second, and fifth claims is clearly proved, and that want of novelty is not proved. It is conceded that there is no infringement of the fourth claim. �The answer sets up divers defonces. The only one which I think it is desirable to examine particularly is that "the supposed invention remaining after said disclaimer was not, and is not, a material part of the thing patented." The defendant says that the invention consisted in a combination of paper dial, back, and metallic frame or rim; that the shape of the rim was entirely a matter of taste, ornament, or conveniençe ; that there is nothing funetional in the form of the rim, and that the specification shows clearly that the form of the rim was an immaterial circumstance. The plain- tiff says that the lateral flanges, and their offices, were shown in the drawings; that the office of the inside lateral flange was "to conceal the edge of the clock dial, and to furnish a flat annular seat against which the front of the dial rests, and by which it is held in position in such a manner as to prevent the dial from coming forward;" and that the office of the outer flange, in addition to its furnishing means by which to secure the scalp to the dial, was to furnish a flat eeat upon which the whole dial is supported when placed against the front of a clock case, and through which seat screws may be inserted to secure the dial in place. �The disclaimer admits, in effect, that the patentee was not the first inventer of the combination of a paper dial, a back, and a metallic rim or frame not having lateral flanges on its outer and inner edges, but that this combination was old. It is also a fact that painted dials of one piece of metal, having an outwardly projecting lateral flange, which w.ere secured to the clock case by .screws drilled through this flange, were in common use prier to the date of the inven- ����