Page:Federal Reporter, 1st Series, Volume 6.djvu/97

 FISCHEB V. HAYES. 85 �of angles," means "ail the kinds of square or right-angled angles" -which can be made by the square dies, and whioh are shown in figures 2 and 3 ; the mouldings shown in those two figures in red lines being the mouldings which the speci- fication states the machine is to form. The only angles in the mouldings in those two figures are right angles. �(12) It is not apparent for what purpose the testimony of Kittredge was introduced. No defence to which it can relate is set up in the answer, It is not referred to in the brief of the counsel for the defendant. No defence of laches or license, or acqniescence by the plaintiff in the use of the machine by the defendant, is set forth in the answer. The plaintiff's patent was granted in February, 1868. He began bis suit against Wilson in May, 1869. It was not decided until April, 1879, The defendant's machine was made in 1872. This suit was brought in May, 1879. �(13) The inventions covered by claims 2 and 4 of the plain- tiflf's patent were-new, useful, and patentable. �Ail the questions raised and discussed on the part of the defendant have been carefully considered, and sueh of them as have not been particularly adverfced to in this decision have not been overlooked ; but they are of such minor importance that they can have no weight to control or modify the views before expressed, and therefore it is not deemed necessary to comment upon them. �There must be a decree for the plaintiffs as to claims 2 and 4. ��� �