Page:Federal Reporter, 1st Series, Volume 5.djvu/314

 809 niDBBAL B2P0BTKB. �Stbwart V. Mahoney.* �(Cireuif Court, D. MasiaehuieUB. Jannaiy 28, 1879.) �L Intention — Naw Kesdlt. — 'Where an invention involves a new resuR flrst thought of by the patentee, the fact that the mechanical changes by which the resuit is produced are not diiScult is not necessarily im- portant. �2. Dbvicb Patentable as Part of, Combination — General CLArm.— Where a device is patentable only as used in connection with a par- ticular combination, the claim for such device must limit it to the particular combination of which it so forms a part. �8. Patent— Re-issce No. 6,076— Improvbmbnt m FoLDiNa CHAnt&— Claim Toc Broad. — In a re-issued patent for improvementa in fold- ing chairs two claims were made — the flrst being for the combination with the leg frames of a folding chair, in which the front leg frame was independent of the seat, of a back frame connected at the lower end to the rear legs and at the upper end of the front legs frame by means of pivots, whereby the legs were prevented from spreading when the chair was opened, and admitting of being folded compactly together when closed ; and, second, for a combination with the bacl* frame of a folding chair, provided with an independent back section, of a stretcher attached thereto for supporting the rear of the seat, whereby the strain of the seat was received directly on the back. Th* simple device of a stretcher in the back of folding chairs as a support for the seat was not novel. Hdd, that the second claim, as made in the patent, would not, for the purpose of sustaining it, be construed as conaned to the class of chairs described. �4 [npringemknt— Patent Invalid m Part— Costs— Rbv. St. ♦ 4922. In a suit for infringement, a patent containing two claims was, as to one claim, held invalid, and as to the other sustained. Hdd that, under Rev. St. ^ 4922, complainant was not entitled to costa. �In Equity. �James E. Maynaaier, for complainant. �Thomas H. Dodge, for defendant. �Suit for infringement of letters patent No. 102,179, dated April 19, 1870, — re-issue No. 6,076, dated October, 1874, — for new and useful improvement in folding chairs. �iliis was a patent for a folding chair made by a combina- tion of two frames formed by two pairs of crossing legs, with Connecting stretchers, and pivoted at point of crossing; and a �*Published by request. Reported by Homer C. Eller, Esq., of the St. Paul bar ����