Page:Federal Reporter, 1st Series, Volume 4.djvu/98

 ;8;4 ,.;. FEDERAL EBPOETBH. " ' •' - �be removed from the rest of the stamp and from the tarrel, and could be preserved by the revenue oiïicer. �The portion of the Locke device which is claimed to have been infringed, was constructed as follows : A piece of thin metal was impressed with letters or figures corresponding with the letters or figures upon the stub of the stamp. This piece, made of any appropriate form, was inserted in an aperture in the face of the stamp, and was retained in its place by a "Hacking piece" of paper, the two pieces of paper being gummed together for this purpose. 'This backing piece was prepared with dried gum on its outer face, so that the stàmp was ready for instant application to the cask. In the specification the patentee further says: "Instead of making the removable piece out of metal, or of making it in a piece separate from the stamp, it may be made of the- same piece of paper of which the stamp is composed by simply having its outline perforated, after the manner of postage stamps, but uugummed at its back, so as readily to be torn away and detached from the stamp." �If the stamp was constructed acfcording to the latter method, it woald be a stamp made of one piece of paper, with îdeM- fying marks upon a portion of its surface corresponding with similar marks upon the stub 5 said portion being s6 constructed that it can easily be detstrched from the residue of the stamp after the whole stamp has been detached from the stub and has been affixed to the bari:eL Although the patentee speaks of a backing piece of paper which retained the metal slip in its place, and was to be gummed so as to adhere to the barrel, he does not mention this bacLing piece in con- nection with the stamp when made entirely of paper. Probably the fair construction of the specification is that the stamp is always to be providcd with a baoking piece. In deeiding the case, however, I prefer to assume that the patentee supposed that the dried gum was needed only upon the back of that portion of the stamp which Tas not to be torn away. �The first claim, and the only one which is said to have been infringed, is for "a stamp, the body of which is made of paper ����