Page:Federal Reporter, 1st Series, Volume 6.djvu/624

 613 federal bepobter. �4. Rb-Issue on Valid Patent. �A re-issue is not invalid merely because the claim of the original patent was valid, and suit could be sustained thereon. �6. NOVBLTT — SnriLARITT m Shapb. �Similarity in shape doea not eatablish anticipation, if the two inven- tions are different as mechanical structures. �In Equity. �Marsh d Wallis, for plainiaff. �S. F. Kneeland, for defendants. �Blatchford, g. J. This suit is founded on re-issued lettera patent No. 8,169, granted to the plaintiflf, as inventer, April 9, 1878, for an "improvement in collars," the original patent. No. 197,807, having been granted to him December 4, 1877. The drawings of the original and the re-issue are the same. The specification of the re-issue, reading what is within and what is outside of brackets and not what is underscored, is as followa : "In the accompanying drawings, figure 1 representa a side elevation of my improved collar, and figure 2 a perspec- tive view of the same. Similar letters of reference indicate eorresponding parts. This invention refers to an improved standing collar, that retains ail the advantages of the old style curved band, without the objection of springing the collar too far f rom the neck, so as to corne in contact with the coat and soil the collar. The collar also hugs the neck band in such a manner that the collar is prevented from overrid- ing it, resulting in a more comfortable fit. The invention consists of a standing [or other] collar having sectional [curved and graduated] bands [that extend along the lower edge of the] starting from center of collar, or [from] any other point between center and ends, and continuing with a gradu- ated curve to and beyond the ends of the collar. Eeferring to the drawings, A representa a standing [or other] collar of my improved construction, and B the [curved and graduated] short or sectional bands, which [extend] start from the center of [the] collar, or any other point between the center and ends, and continue along the lower part of the [top or body of the collar] same with a graduated curve and increasing width, to and beyond the ends of the collar, [the ends being ��� �