Page:Federal Reporter, 1st Series, Volume 6.djvu/515

 WASING V. JOHNSON. 503 �descriptions in the original show that the checks and the stub pieces are of substantially the same size, and that two ohecks lie between every two stub pieces, in both of the modes set forth for practicing the plaintifE's invention. �It is not claimed that the defendant has infringed the sec- ond claim of the re-issue, but it is alleged that he has in- fringed the first claim of the re-issue. The answer avers that the defendant has made and sold bank check-books under and by virtue of letters patent No. 191,436, granted to him May 29, 1877, for an "improvement in bank check- books," and that he believes such making and selling are the acts of which the bill complains. The plaintiff proves the sale by the defendant of five check-books, one of which is produced, and which, it is clear, is made according to the description and drawings in patent No. 191,436. According to such description and drawings, and from the check-book so produced, it is manifest that in the defendant's check- book there is a combination of checks and stub pieces of sub- stantially the same size, and that two checks lie between every two stub pieces. The defendant's check-book is com- posed of a series of leaves, each printed on one side, to form a blank bank-check, and of another series of leaves, each printed on both sides, to form stub leaves on which to keep a record of each check, and of bank deposits and bank bal- ances. Between every two stub leaves are two check leaves, the check leaves and the stub leaves being of the same size, bound together at the left hand, and each check-leaf perfo- rated by a Une of cross perforations near the place of confine- ment at the left, to enable the check to be readily severed. When the first check leaf at the right is filled out, the trans- action is recorded on the adjoining face of the stub leaf at the left of it ; and when the next succeeding checE leaf at the right is filled out, the transaction is recorded on the adjoining face of the stub leaf at the right of that check leaf. Each face of a stub leaf has on it a place to record the par- ticulars of the check belonging to it, and also by the side of euch place a place to keep an account of bank deposits and of the bank balance, the former place being al srays nearer ��� �