Page:Federal Reporter, 1st Series, Volume 7.djvu/927

 ZIHN P. W^IBB. 81( �over the Ibftisnce and hinged to the front edge of the box \tj means of two eare on the cap, on which the cap swings, the inner end ot the cap having a tail-piece pressing against the free end of a spnng attacbed to the base plate, 'which aliso bas a stud, over -vrhich an eye- let in the lap to be clasped slips, and whereon the cap resta whea shut; and infringed by a clasp construetert with a base plate, a spring, and a cap bearing thereon, with the whole of its rear portion bent down to f orm the tail-piece. ' �In Equity. �J. Van Santvoord, for plaintiffs. �Frost cE Coe, for defendant. �Benedict, D. J. This case cornes before the court apon a motioh for a preliminary iiijnnction to restrain the defend- ant from making a certain forai of pocket-book clasp, which, as the plaintiffs contend, infringes upon certain patents owned by them. �The bill sets forth three patents, — �One, Ko. 47,135, issued to Charles Seaver, ApriH, 1665, and asslgned to the plaintiSg Zinn and Messer, October 18, 1879; another, re-issue No. 8,106, dated February 26, 1878, issued to Zinn and Messer, assignees of Louis Messer; and another, re-issue No. 8,123, dated March 12, 1878, issued to the same parties. �The invention deseribed in the Searer patent is therein etated to consist in — �" A metallic plate, to be applied to the under lap or portion of the article of wearing apparel, and proyided with a projecting pin or stud and a hinged cover or button, as it may be termed ; the whole being so made and applied that the cover shall shut down upon the top of the stud, and enclosed under it the upper lap or portion of the coat or garment, whicb is to be provlded with a hole or recess to put down over the stud." �The claim is for an — �"Improved clothes-fastening attachment, the same consisting of tho plates a and d, and the stud /, they being constructed and to opcrate In connection with an eyelet or hole in the outer flap of the ganuent, sub- stantially in manner as hereinbefore explained." �In respect to this patent the defendants say — First. That it is limited by the terms of the speciacation to a mode of fastening for garmentg, and inasmuch as the defendants make a clasp intended to be used on pocket-books, and nothing else, they dp not iu- fringe. �The answer to this position is that the Seaver patent ^eour;es tha combination or machine therein deseribed, with» ��� �