Page:Federal Reporter, 1st Series, Volume 7.djvu/831

 CLABE r. EBECHEB MaNUF'o 00. 819 �patent, and is ajypiirently the only person who bas made the blanks showh in the drawings at his shop. Changes were grad- ually made in the shape of the blank — First, by enlarging the upper die at the junction of the arms \rith the body, se as to furnish more metal at that point; afterwards by straighten- ing the arms and making their angles more definite, until finally the arms were in the same plane with each other, and the angles were sharply defined. Subsequently, Willis B. Smith, a foreman in Savage's shop, obtained a patent for the blank -ifhich the defendant manufactures. The body or back of the blank is not straight; the straight part of the body is eonnected with the arms by two angular bends ; the arms are in the «ame horizontal plane with each other and are parallel with the body; and the obtuse angles, at their junction with the body, are clearly defined. The defendants' blank has neither rounded corners nor a curved body. The back is to be straightened and the arms are to be bent in a bending die in the same manner that these operations are performed upon the plaintiff's blank. �It thus appears that the shape of the two blanks is differ- ent. One consista of a series of curves; the other cousists of a series of angles. The question of infringement does not depend' npon the fomi of the respective articles. If the straightening of the angularly-bent back of the defendants' blank pushes surplus metal towards the corners, so that, by ineatis of this surplus, sharp instead of rounded angles are formed wheh the arms are bent, then the modification of shape is immaterial. If, on the other hand, the angles are already formed of such shape and so definitely that no sur- plus material is needed, or is fui-nished to the angles, but the straightening of the back merely forces existing angles further apart without a displacement of the material at the angles, then the two blanks are constructed upon a different principle. �The plaintiff insists that the defendants' back is upset so as to "push out" metal into the corners, whereby full and square angles are made as in the Clark device. The defend- ��� �