Page:Federal Reporter, 1st Series, Volume 6.djvu/394

 382 FBDBBAIi BEPOETEE. �the periods of opening and closing being adjustable relatively "to each other. The Herzberg patent and the Paine self-illu- minating elock are the members of this class. (4) The Cope patent, which was, for time mechanism, capable of being applied to open and close at predetermined times, the periods of opening and closing being adjustable relatively to each other, the door of a bee-hiTO, �As has been stated, no time lock or time mechanism had been applied to dog and releaee the boit of a safe door at predetermined hours, and capable of being adjusted rela- tively to each other -without disturbance of the mechanism of the clock. This f act compels a finding in favor of the novelty of the patented structure unless the seventh claim should receive a construction which would include the chronometric devices/which had been applied to very different structures, fiuch as a gas pipe or a bee-hive, but does not compel a conclu- sion in regard to the patentability of the Little structure, or ,the question whether it was a new invention. �If the words "in a time lock," in the seventh claim, were omitted, or if "time lock" simply means chronometric mech- anism whereby an obstruction can be interposed or removed, then the Herzberg patent is an anticipation of that claim. The Herzberg structure contains two similar adjusting de- vices, which are operated to open and close a gas-cock much after the plan of the Little lock. But it is a strain upon language to construe the time lock of the patent to mean chronometric movements which can obstruct the flow of gas or the arrivai and departure of bees from a hive. The object of the invention was "a time lock which shall dog and release the multiple boit work of a safe or vault," etc. It was a chro- nometric lock which was to be used as a hck to bar the open- ing of solid doors against the violence of skilled burglars, and therefore, when the various sub-combinations of the invention are specified in the different claims, the language is not to be «xtended so as to include time movements which are used for any obstructing purposes wbatever, but is to be considered as referring to the time lock of the specification only. As thus eonstrued, the seventh claim means the combination in ��� �