Page:Federal Reporter, 1st Series, Volume 6.djvu/519

 WARING V. JOHNSON. 507 �movement at ail of any check leaf, and without any move- ment of any stub leaf in any direction, except to the left or right towards or from the place of binding, like turnin^ the leaves of any ordinary bound book. �On the question of infringement the first question is as to the proper construction of the first claim of the plaintiff's re-issue. On this subject, as well as on the question of nov- elty, several alleged prior inventions are introduced. These are, English provisional specification for order books No. 2,918, filed December 21, 1858, by Nicholas Dawson; Eng- lish provisional specification for arranging manifold letter books No. 1,993, filed September 1, 1859, by James Brine; English provisional specification No. 1,109, for counteralip note-book, filed May 3, 1864, by Eradly and Fielding; United States patent No. 170,686, granted December 7, 1875, to Ben. Morss, for "an improvement in tickets;" United States patent No. 171,429, granted December 21, 1875, to John M. Savin, for "an improvement in tickets;" and the structures represented by Exhibits G and D, testified to by Joseph H. Mann. Savin's patent need not be considered, as the appli- cation for the plaintiff's original patent was filed May 6, 1875, and that for Savin's patent was filed November 4, 1875. In no one of the otber prior structures referred to is there shown any check-book in which two checks were interposed between every two stub leaves or record sheets, or in which the check and stub leaves were of substantially the same size, or in which there were two checks between every two stub leaves, or only one stub leaf for every two checks, or less than one stub leaf for every check. These are distinguish- ing features of the plaintiff's book and of the defendant's book. Dawson's specification shows alternate leaves per- forated to be detached, and alternate leaves bound to re- main, leaf for leaf ; the leaves to remain being used for copies of matter written on the detachable leaves, either by making the detachable leaves of metallized paper, or interposing, while writing, carbonized paper between the two leaves. Brine's specification shows alternate leaves of prepared copying paper and of ordinary writing paper, the latter being perfo- ��� �