Page:Federal Reporter, 1st Series, Volume 5.djvu/933

 NOVELTY PAPER-BOX CO. V. STAPLBR. 921 �tions the re-îssue was granted Febrnary 6, 1877, as above stated, and the suit is founded in an alleged infringement of the second claim of the said re-issue. �In the meantime, however, Charles L. Lockwood and Daniel Lynch appljed for a patent for an improvement in paper boxes, and on the thirty-first of October, 1876, obtained letters patent, numbered 183,950. The defendant insista that the paper boxes Tvhich he bas purchased. and used, and which are claimed to infringe the complainant's re-issue, were lawf uUy manufactured under the Lockwood and Lynch patent; and that, if the produet infringe any of the elaims of the re-issue, it is because the complainant has covertly incorporated into the amended specifications new matter, in order to deprive the owners of the Lockwood and Lynch patent of the beneflt of their invention. �TJnder these circumstances three questions naturally arise — First, whether the re-issue is for the same invention as the original patent ; second, in view of the state of the art, what is the proper and necessary construction of the complainant's patent ; and, third, whether it is infringed by the Lockwood and Lynch patent. �1. The first inquiry is determined by a oompajison of the original patent with the re-issue. Does the latter embrace more than the former fairly indicates and suggests? The patentee, in the specifications of the original, states that "his invention consists in making wrappers in tubular form, with one or both of the ends constructed with two or more flaps to fold one on another, the outer flap being provided with later- ally-projecting tongues entering corresponding slpts or open- ings in the flap below, so as to constitute an effective lock — the line at which the tongues enter and leave the slits being at right angles to the line of strain produced by internai pressure." He says "the principal objecta qi the invention are to produce wrappers, as neat and attractive as ûnished boxes, with great economy in labor and material, and wrap- pers which may be quickly and securely locked, so as to dis- pense with the need of tying." �The four drawings, aecompanying the specifications/ <ire ����