Page:Federal Reporter, 1st Series, Volume 7.djvu/875

 WITBD STATES STAMPING VO. V. KINO, 868 �loaded at fhe bottom, so as to make them more stable, wer& well known, a ciispidor at bottom in a 'well-known way, so as to make it more stable, eittter by tWckening the china at bottom, or cementing a weight into the bottom. But this would not have iemoved the whole difflculty. It trte neeessary to make them strong, not frangible like china or porcelain, and to make them cheap ; and Heath conceived the idea of making them of metal, so that they should be strong, and of constructing them in at least three pieces of metal, so that they should be cheap. Owlng to the pecu- liar form of the cuspidor, it is difflcultj if not impossible, to form it of one piece of sheet metal ; but Heath savir that, by dividing the body of the cuspidor at the equator, if it may be so termed, it could be formed of two pieces, each having all its flare in one direction, so that such hemisphe- roidal parts would be easily formed by casting, stamping, or spinning. The funnel mouth-piece he then made in a separate piece, and as it, when separate from the body, flares all in one direction, it could be easily and cheaply formed. In forming these pieces, the lower part of the body was made much the thickest, and, when the threu parts were put together and attached to each other, there resulted a strong, cheap, metallic, self-nght- ing cuspidor, as elegant in form as those made of china, and capable of being decorated, if desired. As far as deponent knows, Heath was the arst to make a metallic cuspidor, or a self-righting cuspidor, but he does not claim broadly a metallic vessel in shape of a cuspidor, or a self-right- ing cuspidor, or a vessel made of three pieces, but the patent defines his invention as consisting in a metallic cuspidor made of three pieces of spe- cial form, viz: : one fot the bottom of the body, one for the top thereof , and one for the conical moutli-piece, joined at the equator and at the small end of the mouth-piece, when the piece of metal forming the bottom or lower portion of the body is heavier than the other parts, so as to give stability and selt-righting capaoity. If the cuspidor was made of one piece of metal it would not be Heath's. If made of several pieces, with the Unes of junction in substantially different places from those repre- sented in Heath's patent, it would not be Heath's. For instance, the Unes of seam might be vertical, and each include a part of the body and of the mouth-piece. Bven if the cuspidor was made of Heath's three pieces, formed as he forms them, and joined where Heath joins them, but with the bottom piece no heavier than the others, the cuspidor would not be the one referred to in Heath's claim." �The considerations thus set forth commend themselves as founded in good sense and sound reason. �The cuspidor involved in this case as the defenda,nts' cuspidor is made of three pieces of metal, — one for the bot- tom, one for the upper part of the body, and one for the conical mouth-piece. These pieces are shaped as Heath's are, and are joined horizontally at the equator of the body. ��� �
 * * * It was easy, theref ore, af ter the idea was once conceived, tp load