Page:Federal Reporter, 1st Series, Volume 7.djvu/739

 WOVEN WIKE MA.TTBE83 00. V. SIMM0N8. 727 �invention patented to complainants, the original patent to Farnham, and the specifications, drawings, and claims of the re-issue, must all be taken into consideration. And although in the arst and second claims of the re-issue the end bars are not described as inclined double end bars, and although in the second claim the end bars are not described as elerated above the side bars, I think the first claim must be construed to mean a combination of side bars, inclined double end, bars, and elastic coiled-wire fabric attached only to the end bars, with the end bars of the frame elevated above the side bars, 80 that the fabric will be suspended above the side bars from end to end of the frame; and that the second claim must be held to mean the combination of the side bars. A, standards or corner pieces, B, inclined double end bars, C, and the elastic fabric, D, combined and arranged as and for the purposes specified. �In view of the state of the art the patent must be limited to the construction described. This was the view taken by Judge Blodgett in Whittlesey v. Ames, supra. He says :. �" The steam-boat bunk bottom, shown in the testimony of Robert E. Campbell, and the Dreusike and Dye patents, must be considered as operating to limit the claim of this patent to the special devlces shown. The Campbell bunk bottom was made of canvas, stretched from end rail to end rail, without outside fastenings ; and although canvas may not corne within the definition of an 'elastic sheet,' there can be no doubt that it is a ' flexible sheet.' The Dreusike bed was made of coiled-wire fabric, and while provision was ma le for side fastenings, I think there can be no doubt he intended that the strain of suppttrting the weight to be borne by the bed was to corne uponthe end fastenings. In the light of this evidence I think that while these two first claims in the re-issued patent may be sustained for the combination of the side rails, standards, end rails, and elastic coiled-wire fabric, yet it must be limited to the pe- culiarkind of side rails, standards, and end rails shown, or tkeir mani- fest equivalents. Bide rails, end rails, and elastic coilcd-wire fabric were old, but the inclined end rail, made in two parts for the purpose of clamp-, ing the fabric and holding it suspended by means of the inclination between the points of attachment, seems, so far as the proof in these cases shows, t(*.have been tha invention of Farnham. So, too, his ' stand-i ards,' or corner pieces, B, are not shown to have been anticipated by any, prior user or inventer. I think, therefqre, that the owner of the Farnham patent had the right to claim by the re-isisue the combination of the eiastic coiled-wire fabric with these parts, whethor they were new OroW ; but ��� �