Page:Federal Reporter, 1st Series, Volume 4.djvu/551

 AMERICAN \raiP CO, V. EAMPDBÎI ■WHIP 00. 537 �am a-ware that in tuming an article it has been customary to use a blank longer than the article, and after,ward8 to xemove the surplus at each or either end of the article. Such, how- ever, constitutea no part of my invention, but is only incident to it in the matter of reduction of it or [? to] the whip-stock. I therefore make no daim to such a process of turning an article ff om a blank longer than the article, and subsequently removing the surplus at either or each end of the article." The claim was "the method of construeting a whip-stock by making a stump-shod on the end of the stock by the insertion of a backing or plug within the surrounding rattans, for the purpose of allowing the butt of the whip to be entirely finished by turning, and the superfluous material to be removed by the saw, ail in the manner described." �Ee-issue No. 5,651 was granted the patentee, November 11, 1873, in which the description of the manufacture was like that in the original patent, but a statement and a claim were added. The former is : " The extension of the rattan strips, D, rearward beyond the load-piece, with or without the plug or prism, 18 a matter of my invention. Although the extension alone, without the load-piece, makes a stump-shod which can be used in holding the stock in the chuck of the turning machine, the addition of the plug makes the stump-shod stronger, and not liable to cripple or give way under the action of the machine." The additional claim, which was the first of the re-issue, was for a whip-stock with the parts arranged as described, showing the rattan strips surrounding the load: piece, and extended rearward beyond it, substantially as described. The second claim, like the single claim of the original patent, though somewhat differently expressed, was for the arrangement when the plug was used. �There was evidence tending to show that the invention claimed first in the re-issue was made in 1865, when about one gross of whips were made and sold ; and the second part, where the plug is used, was made in 1870, within two years before the application for the original patent. There was much conflicting evidence upon the state of the art before 1865 and before 1870. ����