Page:Federal Reporter, 1st Series, Volume 6.djvu/742

 730 ���FEDERAL REPORTER. ���The buttons, c, over which the loops catch, are not only at the sides, but are near the front. They form centers for the swinging motion of the proteetor np and down, as the origi- nal specification states» The drawings show the buttons near the front, as compared with the position of the, swinging proteetor. The original specification and the re-issue state that figure 1 represents a side view when the proteetor is down. In that side view the upper edge of the proteetor is above the lower edge of the bat or cap. The original speci- fication and the re-issae state that the proteetor swings up and down as far as the tape, a, will allow. The plain con- struction of the whole language is that the tape is not to allow the proteetor to swing so far down that the upper edge of the proteetor will be below the lower edge of the hat or cap. Therefore the language of the first claim of the re-issue was warranted. According to the original specification the band, G, was no part of the invention, yet it is made a part of the claim of the original. Henee the re-issue was proper to change the daim, and nothing which can be called new matter was inserted in the specification of the re-issue. �The caps made by the defendants, Fox 1, Fox 2, Fox 3, Schwartz G, and Schwartz D, contain the same arrange- ment as that shown by the plaintiff's patent. The fact that the defendants' tape or cloth behind, in addition to being in the middle at the back, extends around towards the front on each side, makes no difference. The Connecting tape is there, behind, where it is needed. It is flexible, and folds up, when the proteetor is raised, as in the plaintiff's cap. The pro- teetor in the defendants' caps cannot swing below the lower edge of the cap proper. The tape in the defendants' caps is so attaohed that when the proteetor is down the tape or cloth is not visible. But that is, at most, an improvement. The defendants' caps have, ail of them, either a positive connection towards the front of the cap on which the forward end of the proteetor turns, and on which the proteetor swings, or elee the arrangement is suchthat the forward ends of the pro- teetor hug the cap so closely that when the rear part of the proteetor is pulled down the forward parts do not alao go ��� �