Page:Federal Reporter, 1st Series, Volume 6.djvu/96

 84 FEDERAL REPORTER. �but such bend -was made with a mallet ; that he does noi recolleot the use of a single lower maie die without any other form of bend or angle on the face of the lower die; and that when a single upper sectional diehad been let downand used to bend, it was clamped to the lower die, and another sectional upper die was then used. Handmann, a house-smith, worked for Althouse & Co. for 13 years, and while they had thia machine, which he assisted in making. He says the upper dies were sectional, and were used in succession, by letticg one down at a time, and bending with it, by bringing up the lower die against it, and then th- upper die was clamped to the lower die and went down witu it ; and that a single maie die was never used under a single. female die. Engleman, a house-smith, bas worked for Althouse & Co. for the past 21 years. He worked on this machine. He says he never saw used in it a single maie die under a single female die, there being nothing by the side of the maie die. The testimony of Bohne and Sellman goes, also, to contradict Worthen as to the way in which the last right-angled bend was made in the spe- cifie cornices referred to by Worthen. �It must be held that the defence sought to be established by the testimony of Mr. Worthen is not made out. �(11) Objection is made to the specification of the plaintiff's patent because it states "that but two kinds of dies for ail kinds of smooth mouldings that may have to be formed are needed, viz., rounded and square dies," and that "of the lat- ter but one set is required for making ail sorts of angles." No such defence is set up in the answer ; but the specifica- tion is not open to the objection made. Of course, a square or right-angled die will not make a bend of a different angle. There is nothing in the specification to indicate that the pat- entee oontemplated makiog any angular bend other than a right-angled bend. The drawings show no other. But they do show right-angled bends in contrary directions on the same moulding. The expression, "ail kinds of smooth mould- ings," means, in respect to angular mouldings, "ail kinds of smooth right-angled mouldings," and the expression, "ail sorts ��� �