Page:Federal Reporter, 1st Series, Volume 5.djvu/372

 360 FEDKRAL REPOKTBB. �care, and never be allowed to prevail where it is unsatisfactory, noi unleas its probative force is sufflcient to outweigh the prima fade pre- sumption arising from the introduction of the patent. �Wood V. RolUng Mill, 4 Fisher, 550, 560. �Parham T. Sewing Machine Co. Id. 468, 482. �Eawes V. Antisdel, 8 O. G. 6852. �6. Patent — Dblat in Applying fou. — Where an inventor kecps his �invention a secret, mere delay in applying for a patent will not for- feit his right thereto, or bar his subsequent application ; and delay of less than two years will not conatitute a defence against a patent in any case. �7. Same — EviDEKCB — ExHiBiTS.— Exhibits introduced by a party without �needful explanation, for the purpose of proving want of novelty, do not deserve and will not receive much consideration. �8. Saub — Cdaim.— A claim for sleeve buttons, and other jeweliy, com- �posed of the letters of the alphabet, having a certain described orna- mentation, is not bad because it embraces more than one letter of the alphabet. Peny v. Starrett, 14 O. G. 599. •, Bame — iNFBmGEMBNT — Identity. — Although it ig doubtless true, in a general sense, that the test of infringement, in respect to the clauns of a design patent, is the same as in respect to a patent for an art, machine, manufacture, or composition of matter, yet it is not essen- tial to the identity of the design that it should be the same to the eye of an expert. If, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same ; if the resemblanoe is such as to deceive such an observer, and sufiScient to induce him to purchase one, supposing it to be the other, — the one flrst patented is infringed by the other. Graham Manufg Co. y. White, 14 Wall. 511, 528. �10. Design Patent — Oenamental Jewelbt. — ^A design patent for jew- elry, formed of letters of the alphabet of rustic pattern, with orna- mentation of leaves placed at intervais upon the Unes of eaoh letter. considered and sustained. — [Ed. �In Equity. �B. F. Lee, for complainanfs. �Livingston Scott, for defendants. �Cliffoed, C. J. Patents for designs, as well as for ma- chines, are authorized by act of congress, the provision being to the effeet that any person who, by his own industry, genius, efforts, and expense, bas invented and produced any such new, useful, and original improvement, may obtain pro- tection for his exclusive right, the same as in cases of other inventions or discoveries. Eev. St. § 4939. Letters patent ����