Page:Federal Reporter, 1st Series, Volume 6.djvu/203

 STBAW BEViim MACHII^B 00. V. EAMES. 181 �Bosworth machine sews frofa the brim inwardly ; that in Bob- worth ouly one braid is berif, so that the needle passes throttgh three thicknesses of material, while in the defendantes ma- chine both braids are bent, so that the needle passes throogh four thicknesses of material ; and that there are other formai structural differences. But these differences are aside from the vital operating combinations claimed in the first three claims of No. 7,985. �It is urged with great eamestness, on the part of the defend- ant, that in the original specification the only guide shown or described is a vibrating guide, so constructed as to be ^ forced io contmuously vibrate whenever the machine is oper* ated. This is an error. The original specification describes the guide, first, as a fixed guide, added to force the needle to pierce in the desired line, and to be used •when every stitch is to pierce the upper braid. The second claim of the original embodies such a guide, fixed and non-vibrating. Then the original specification goes on to describe a contrivance,, the polygonal plate, to be added so as to make some of the stitches in the lower braid only. This is the vibrating needle- guide. �The novelty of the first three claims of No. 7,985 is not successf uUy attacked. Bosworth's bending device and his two gauges for the iresh braid were new devices. Therefore, the three claims are valid, as the bending device is an element in each. Besides that, neither the Eodgers, nor the Morey, nor the David patent contains any provision to prevent the glancing of the needle from a rounded surface. �There is nothing in the Sherwood patent, or in any testi- mony as to what Sherwood did, to invalidate either of the firet three claims of No. 7,985, or to show that what the defendant bas used in infringement of those claims existed before Bos- worth's invention. The reasons for this conclusion are well and fuUy set forth in the testimony of Mr. E. S. Eenwick, the plaintiff's expert, and it is unnecessary here to state them. �The evidence shows that Bosworth was the first person who made a machine containing devices which operated success- fully to make the sewing of straw braid in the making of bats ��� �