Page:Federal Reporter, 1st Series, Volume 7.djvu/684

 672 fBDBBAIi BBPOBTBR. �Shipman, D. J. This is a bill in equity founded upon let- ters patent, of the United States, dated November 5, 1878, and issued to George W. McGill, the assignor of the plain- tiffsi for an "impiovement in buckles." The invention is au improved shoe buckle, and is described by the patentee in his specification and claim as follows: "My invention bas for its object an improved and simplified mode of fastening a buckle to a strap, or to such other article as it may be de- sired to attach it, and consists in hinging to the cross-bar of an ordinarily-constructed buckle, a metalUc fastening consist- ing of a plate, having its base terminating in a central single prong, and having another prong, pierced and extending from its body portion, both the base prong and body prong being pointed and bentdown at right angles from the body of the plate in such manner that they -will enter the article to which the buckle is to be attached throngh slits eut therein on Unes parallel with each other, and clamp such articles by being bent down on its other side, either toward or from each other, as will hereinafter fully appear. What I do claim and de- sire to secure by letters patent is the herein-described buckle, having the fastening plate, B, constructed with the prong D from the internai position of the plate, and the prong C from the free end thereof, both being in the same longitud- inal Une, and substantially as specified." �The defendants made and sold, before the fillng of the bill, and after the assignment of the patent to the plaintiffs, two kinds of buckles — one, Exhibit A, identically like the McGill buckle, exdept that the fastening plate -was not hinged to a cross-bar extending across the buckle, but was hinged to two- housed journals. This is an immaterial difference, and is not claimed to be otherwise. The base of the fastening plate of the other kind of buckle (Exhibit B) terminates in a central single prong, but the plate has two prongs pierced and ex- tending from its internai position or body. When these three prongs are bent forward, the end prong will lie upon the plate between the two internai prongs. They are not in the same longitudinal Une with a reference to the sides of the ��� �