Page:Federal Reporter, 1st Series, Volume 7.djvu/485

 BCHOEEKEN V. SWIFT 4 COUSTNEY & BEECHEB CO. 473 �inncr box to, take hold of to pull it out. The description in that patent and the first addition is of. structures and their operations so much like those of the orator, that, on the argument, they were conceded to be the same, exeept it •was claimed that in Caussemille's the hinged M was to be raised by the fingers when the box was drawn out, instead of by the elastic band ; therefore, this difference only needs to be attended to. This addition is accompanied by drawings, in which the closed end of the outer box is designated by the letter a, the inner box by h, the outer box by c, the elastic band by d, the hinged lid by e, the tongue on the inner box by /, and, in one figure, the position of the hinged lid, with -the inner box withdrawn and the lid fully open, is shown in red ink. The copy is in the Freuoh language, and in this part proceeds : �"La tirette, d, est flttee d'une part au fond de la boite, e, et d'autre part, au couvercle mobile, e, du tiroir, b, que contient les allumettes. Une lan- guette, /, sert a faire sortir le tiroir hors de la boite lorsqu' ou vent pren- dre des allamettes. En tirant le tiroir, o, au moyen de. la languette, /, le couvercle a brisure, «, tend la tirette de caoutcliouc, d, et prend la position d'arret indignee a l'encre rouge." �Translated, this reads : �The spring, d, is fitted at one extremity to the end, a, of the box, c, and at the other to the movable oover, e, of the drawer or box, o, which con- tains the matchcs. The tongue, /, serves to pull the drawer out of the box when matches are wanted. In pulling out the drawer by means of the tongue,/, the movable cover, e, stretches the India-rubber spring, d, and takes the fixed position indicated by the red ink. �Here is no indication that the movable cover is raised by �the fingers of the peraon using the box, and in that way �opened. When the cover, in being drawn out with .the inner �box, stretches the elastic band, the band resista the force by �pulling upon the lid ; and, as the box continues to move out- �ward, the lid, when it has passed beyond the hinge, is pulled �upward and opened. This is done precisely as the hinged �lid of the plaintiff's box is opened. The place of fastening �the band to the lid is not indicated, but it must be "a little �forward" of the hinge in order to be fastened to the lid itself, �for it could not well be fastened to the hinge between the two �parts of the lid, and, besides, that would not answer the de- ��� �