Page:Federal Reporter, 1st Series, Volume 4.djvu/927

 WASHBUEN & MOEN MANUf'g 00. ». HAISH. 913 �fourth claim, and, it seems to me, properly allowed under the law, as it was clearly described and suggested in the original specifications. �The second Kelly patent is for a flat wire, pierced with holes, through which spurs made of pieces of wire, with the ends eut diagonally so as to leave them pointed without further manipulation, were thrust, and by compressing the wire so as to clamp the barb thus inserted in eaeh hole. The only feature of this patent which it is claimed affects this case is that it shows for the first time a wire barb made sharp or pointed at both ends by being eut off diagonally ; but barbs had been before this time made sharp by cutting the sheet metal diagonally, and it was certainly no invention for Kelly to point wire by cutting it diagonally af ter it had become a frequent practice to eut sheet metal in the same way for that purpose. �The Glidden patent of May 12, 1874, showed a deyice for keeping the wires of a fence strctched, or spread apart, by means of a slôtted tube. It also showed, as part of the mech- anism, a barb made by coiling a short piece of wire betweeu its ends around the fence wire. This feature was not claimed in the original patent, but is claimed in the re-issue as part of the invention ; and, as it is shown in the original specifica- tions and drawings, the patent may be considered as having been properly re-issued to cover this device. The second Glidden patent, of November 24, 1874, is for a "twisted fence wire, having the transverse spur wire, D, bent at its middle portion about one of the wire sirands of said fence wire, and clamped in its position and place by the other wire strand twisted upon its fellow substantially as specified." The proof shows that the final form of fence wire and spur which has been actopted for practical use is substantially that shown in the last Glidden patent ; but it seems to us there was nothing left in the line of invention to justify the issue of this patent to Glidden as an inventor. The idea of barbing fence wire was Hunt's. The idea of fixing the barb rigidly upon the wire, and holding it in place by another wire twisted upon it, was Kelly's. The wire barb looped over the wire, or one of �T,4,no.l0— 58 ����