Page:Federal Reporter, 1st Series, Volume 5.djvu/601

 m'kAT ». DIBEET. 689 �1858, for "improvement in sewing macHnes." This was a machine patent, and it claimed the invention of an improved machine for sewing the' sole on a boot or shoe. After it was issTied, to-wit, on the twenty-eighth of June, 1859, the same inventor applied for another letters patent, claiming (1) the procesB of uniting the soles and vamps of boots or shoes by the use of the said machine, and (2) the boot or shoe as a new article of manufacture made under the said process. Being advised by the commissioner of patents that he must erase or •withdraw one of these claims, as he could not combine in the same application claims both for the process and the product, he withdrew the specifications and claim for a new article of manufacture, and afterwards put in a separiate applioatioû for the same. �On the fourteenth of August, 1860, two separate patents ■were grauted to him — one, numbered 29,561, for a new and useful improvement in the construction of boots and shoes; and the other, numbered 29,562, for a new and useful im-' provement in boots and shoes, — the first being for the process by which the machine constructed the shoes, and the second for the product or resuit of the process. Before the expira- tion of the ûrst grants these patents were severally extended by the commissioner, accbrding to the provisions of the adt of July 8, 1870, (Eev. St. §§^ 4924-7,)— the machine patent being extended June 22, 1872, for seven years from July 6, 1872; and the process and product patents, on the thirteenth of August, 1874, for seven years from the fourteenth day of the same month and year. The original extended letters patent, No. 29,561, having been surrendered to the com- missioner, the same were re-issued to the complainant on amended specification and claims, on the thirteenth of Jan- uary, 1880, and were numbered re-issue 9,043 for the residue of the extended term. �The bill of complaint charges that the defendant, on or about the fifteenth of March, 1880, proeured two machines for sewing the soles of boots and shoes to their vamps or uppers, according to the process patented to said .Blake by the patent of August 14, 1860, re-issued as No. 9,043, which ����