Page:Federal Reporter, 1st Series, Volume 4.djvu/926

 912 FEDEBaIi BEPOBTEB. �Smith patent bas been re-issued with a claim for the bent wires as a means of preventing the movement of the barb lengthwise tbereon, and we do not see any well-taken objec- tion to the re-issue; but the device seems of little importance in this case, as none of these defendants use it, or its equiv- alent. We only refer to it as showing another step towarda the perfected wire as now used. �It is true that in bis specifications, original and amended, Hunt describes bis invention as "animprovement in fences;" but this is no part ôf the substance of bis specifications, but only the mere name wbich he chose to give to bis device. Nor do we see any reason -wby Hunt, having described bis method of barbing fence wire, migbt not bave had the broad claim in bis original wbich he obtained in bis re-issue ; and if he could bave had it in the first instance he certainly had the right to it in the re-issue. Hunt, then, for the purpose of this case, must be deemed to bave been the first to enter the field as an inventer of barbed wire fencing. Others who fol- lowed bim may bave patents, subject to bis, for improve- ments. His mode of barbing bis wire was by a spur-wheel revolving loosely on the wires, or by single spurs strung upon the wire by holes punched tlirough them. These spurs may bave been expensive to manufacture, or affix to the wire, but that only went to the practicability of adopting his device in competition with other fencing material then in use, and not to its novelty. �The next patent to be considered in the order of time is that issued to Michael Kelly, February 11, 1868. This patent was for thorns or barbs, fixed rigidly to the wires, so that they could neither slide lengthwise nor revolve upon the wires. Two modes of accomplisbing this resuit are shown : one of stringing them upon the wire by holes through the centre, and then cbmpressing them upon the wire by blows 6r pressure ; and the other by "laying another wire of the same or different size along-side the thorn wire, and twisting the two together;" but no claim was made for the latter mode in the original patent. By the re-issue this feature is made th* ����