Page:Federal Reporter, 1st Series, Volume 7.djvu/740

 T28 FEDEEAIi REPORTER. �he had not the right to claim broadly, for f arnham, the sole right of sus- pending the fabric of which. the bed bottom is made from ' end to end of the frame,' because Campbell, Dye, and Dreuslke had suspended the flexible sheet of a bed bottom from end to end of the frame before Farn- ham made his frame." �In this construction of the complainant's patent I fully ooncur. As the different elements of the Parnham inven- tion, considered separately, were old, and as flexible material, if not the coiled-wire fabric, had been previously used in bed bottoms by suspending it from end to end of the frame, it seems very clear that the complainant's re-issued patent must be closely limited to the construction which it describes. Con- siaering the nature of the invention, and the language of the specifications and claims, witb the accompanying drawings, it seems to me evident that, to establish infringement, in the lan- guage of Judge Blodgett, "the peculiar kind of side rails, stand- ards, and end rails, or their manifest equivalents," must be shown ; and it might be added that the peculiar adjustment of the differents parts, or the clear equivalent of such adjust- ment, should also be shown. Both Judge Shipman and Judge Blatchford, as i understand them, concur in the construction which Judge Blodgett has put upon this patent. Woven Wire Mattress Co. v. Wire Web Bed Co. 1 Fed. Eep. 222 ; Woven Wire Mattress Co. v. Palmer, 5 Fed. Eep. 812. In Woven Wire Mattress Co. v. Wire Web Bed Co., supra, Judge Shipman says : "Judge Blodgett is evidently of opinion that the end bars of the first claim must be the ' inclined double end bars ' of the third claim, and that the standard of the second claim must be adjustable on the side bars, so as to permit the enclosed end bars to be set a suitable distance apart, substantially as stated in the fourth claim;" and for the reason that in the case decided, the end bars were inclined, thereby preventing the under side of the fabric from resting on the end bars, Judge Shipman held the defendant's device in that case an infringement. In Woven Wire Mattress Co. ■V. Palmer, supra, Judge Blatchford evidently regarded the inclination of the end rails and their elevation above the side uils by means of the corner standards as material ; and, as ��� �