Page:Federal Reporter, 1st Series, Volume 4.djvu/929

 'WASHBTJBN « MOEN MANUF'ô CO. V. HAI8H. 915 �after Kelly had shown his two-pointed barb strung upon the wire by means of a hole through the middie, and held in place by another wire twisted upon the thorn wire, it would seem to require but little invention to form the baib by bend- ing a short piece of wire, pointed at both ends, around the f ence wire, thereby f orming a loop in place of the hole through the barb Bhown by Kelly, The loop is, when made, only thô hole which Kelly punched through his barb ; and yet there can be no doubt that the wire barb shown by Glidden is mueh more readily made and attached to the fence wire than the Kelly barb, which mustfirst be strung upon the wire by pass- ing the end of the wire through the hole before it can be fast- ened or fixed in place thereon ; and, as before remarked, if utility is one of the tests of inventive ability, the proof show- ing clearly that it bas been substantiaily adopted by ail the manufacturers as the method of barbing wire, Glid- den's method of forming the barb is not shown by the proof to have been anticipa ted by either method, and it is clearly new and useful; but, when once the idea of looping or clasping a wire barb around the fence wire bas been shown, there was then no invention in such slight changes of the loop as are Bhown in the Haish barb. It is true, the Haish barb is required by its fo.rm to clasp both wires, but Glidden might, without change of the essential principle of his barb, loop it around both wires, if for any reason it was found desirable to do so. The underlying thought or principle of the Glidden barb is thatof bending it over or around the fence wire, instead of punching a hole through the barb and passing the fence wire through the hole ; and, when once the principle is shown, it is obvions that a great variety of barbs or loops can be made, ail of which produce only one resuit. �This discussion leads us to consider for a moment the varions forma of barbs eut from tbin or sheet metal. It is manifest that there is and can be no essential difference be- tween making the barb from strips of thin or sheet metal eut diagonally, eo as to leave both ends pointed, and wrapping or bending that around the fence wire, and making a similar barb from round wire, as shown by Glidden; nor does the fact ����