Page:Federal Reporter, 1st Series, Volume 6.djvu/741

 MARKS V. FOX. 729 �the cap; (3) the swinging or sliding neck protector, B, con- strucfed substantially as described, so as to swing or elide on fastenings at the aide or near the front of the cap, and con- neeted with the cap at the back by a tape or cloth to prevent it from swinging or sliding below the lower edge of the hat or cap." Eeading the foregoing specification, (excluding the claims,) by leaving out what is in brackets, and including what is in italics, gives the specification of the original pat- ent, and shows the differences between the original and the re-issue. The claim of the original was in these words : "As a new article of manufacture, the head covering, consisting of the crown or body. A, band, C, ear and neck protector, B, tape, a, and fastenings, 6, c, said protector being arrangea upon the exterior of the article, substantially as described, and adapted to move up and down thereon." �It is contended for the defendants that the re-issue oontains new matter, and is broader than, and, for an invention, dif- ferent from, that described in the original patent. Exception is taken to the introduction into the body of the re-issued specifi- cation of the words "or cloth, "and of the words "or near the front," and to the omission of the words "in its middle," and the substitution of the words "at the back;" also, to the intro- duction into the first claim of the re-issue of the words "or cloth," and of the words "which prevents the upper edge of the protector from swinging below the lower edge of the hat or cap." It is urged that in the re-issue the location of the tape is undefined ; that there is no warrant in the original patent for adding the words "or cloth;" and that there is nothing by way of description, in the original or in the re-is- sue, suggesting that the tape prevents the upper edge of the protector from swinging below the lower edge of the hat or cap. It is plain, from the description in the origina,l specifi- cation and the drawings, that a "cloth" substituted for a "tape," in the same location and attached in the same man- ner, w'ill perform the same office that a tape does. In faot, a tape is a cloth, and a cloth, quoad what it bas to do, where it is to be, is a tape. The words "or near the front" are fuUy authorized by the original description and by the drawings. ��� �