Page:Federal Reporter, 1st Series, Volume 5.djvu/609

 m'mURBY V. MALLOBY. 597 �top of the cap, — and of sufficient weight to hold the cap firmly in its place. �The complainants contend that this invention covers any device in whioh there is a central pivotai rod on which a boI- dering iron may turn, and in which the rod is inclosed, but is separable from the iron. This general application of the invention is not claimed in the original patent, and I am unable to see that it was suggested or indicated in any way by the specifications or drawings. The turning of the iron on the rod as a pivot is nowhere suggested, and would indeed have been impossible if the rod or iron had been made of any of the shapea suggested by the patentee except circular ; and as the iron was to surround the projecting mouth-piece and cap, they constituted, if circular, a fixed pivot, and the rod as a jjtuot was useless. Considering its great proportionate weight and very considerable surface resting on and covering the cap, the only use of this central rod in connection with the rotating of the iron would seem to be to prevent the cap from rotating with the iron while the iron was rotating on the projecting mouth-piece and cap as an axis. Altogether, the Bostwick tool, in shape, operation, and principle, appears to me ta be different from defendants' tool, and in no manner suggestive of it. The soldering tool used by defendants is known as the "Tillery Soldering Tool." For our present pur- pose it may be.sufficiently described as consisting of a rod, the point of which is to be ;placed upon the center of the cap of the ordinary oyster or fruit can. Attached to this rod, so as to revolve around it, is an arm much the shape of a car- penter's brace. In place of the bit of a carpenter's brace an ordinary straight soldering iron is to be inserted. The point of this iron in the exhibit is curved so as to represent a very small arc of the circumference of a small circle. When re- volved the arm carries the iron around at such a distance from the pivotai rod which bas been plaoed upon the center of the cap, that it describes a circle identical with the edge of the cap and the crease in the can made to reçoive it, and melts and spreads the solder in that crease. The arm is so constructed as to slip up and down on the pivotai rod, so that ����