Page:Federal Reporter, 1st Series, Volume 6.djvu/727

 SMITH V. MEREUM. 715 �In the re-issue, the operation of sewing the stay-strip ib desoribed with more fulness of detail than in the patent, and the single claim is replaced by three. �(1) A sewing machine presser-foot for use in sewing stay or saddle pieces to seams, the acting or under face of which is formed with a recess, consisting of a longitudinal central recession to recoive the saddle part of the stay-strip, and of side recessions to contain the part of the strip intervening between its central saddle part and its edges, substantially as set forth. �(2) The presser-foot, framed with central and side reces- sions, as described, and with parallel ribs intervening between the central recessions and side recessions, as set forth. �The third is like the single claim of the original, and is not in issue here. �Upon comparing the claims of the patent and the re-issue, it seems that the patentee has separated his folding mouth from his presser-foot proper; and has also claimed a presser- foot which has recessions or recesses calculated to receive the central and outer swells or beads, whether the grooves for the stitches are formed by the action of the ribs of the presser- foot in the operation of sewing, or had been made in the stay before it is brought to the sewing machine. �The first question which anses is whether the re-issue is valid. Supposing for the present that the thing shown and described inthetwo patents is thesame, — that the presser-foot, which will fit over the seam and make the grooves, and cause the stitching to be made in them, will fit over the bead-shaped edges and cause the stitches to be laid in the grooves which have been made beforehand, and that it will work as a press- er-foot upon a seam folded beforehand, independently of the action of the folding mouth, — can the patentee, by a re-issue, modify or divide his claims, so as to embraoe these several distinct features of his tool ? �A case has been brought to my notice, decided by Mr. Jus- tice Field, on his circuit, which is suppoaed by the patent lawyers to indicate a new departure in the law of re-issued patents. The high authority and great importance of that ��� �