Page:Federal Reporter, 1st Series, Volume 7.djvu/919

 WASHBUBN <fe JIOEN MANDp'a 00. V. HAI8B. 907 �4. Rb Issue No. 6,902— Patent No. 74,369— VaIiIdity. , �Re-issued letters patent No. 6,902, granted Michael Kelly, Febm- ary 8, 1876, which claims two methods of keeping the barbs or thorns of a wire fence rigld upon the wire, viz.: (1) By lateral compression after the barbs are strung upon the wire ; and (2) by laying another wire of the same or difEerent si7,e along-side the thora wire and twist- ing the two together, — held valid, though the flrst only was claimed in the original patent, No. 74,369, granted February 11, 1868, to Michael Kelly, the latter method, however, being shown in its drawings. �5. Bame— Diamond-Shaped Babbs — KklIiY's Devioe. �Kelly's invention consists of diamond-shaped barbs or thorns eut out of metal, and strimg on fence wire at a certain distance from each other, and kept rigid upon the wire by lateral compression, or hy twisting a single wire with one contaiuing the barbs or thorns upon it. �6. Re-Issub No. 6,913— Coubd-Wirbi Babbs— Qlidden's Dbvicb. �The invention secured by re-issued letters patent No. 6,913, granted February 8, 1876, to Joseph F. Glidden, in suit, consists of a fence ■wire baving a barb fonned of a short piece of pointed wire secured in place upon the wire by coiling between its ends, f orming two project- ing points. �Motion for Bebearing. �Cobum e Thatcher, for compiainani. �Manday, Evarts e Adcock, for defendant. �Before Dbummond and Blodgett, JJ. �Dbummond, C. J. This is a motion for a rehearing for the alleged reason that the three re-issued patents considered in the former opinion*— the Hunt, No. 6,976, Kelly, No. 6,902, and Glidden, No. 6,913 — are invalid as not being for the same inventions as their respective originals. �In order to give a proper construction to these patents and their re-issues we must consider the state of the art, and the object which the inventors proposed to accompUsh. Wires had been used for fencing for many years before the date of these patents, and they were made single or double, of single wires or of single wires twisted together. These did not fully answer the purpose, as it was not difficult for cattle to pash throngh them. These inventors desired to place some- thing on the wires which would deter stock from attempting to break through, and that was accomplished by arming them with barbs or sharp points which would priok the cat- �»1 Fbd. Rep. 900 , ��� �