Page:Federal Reporter, 1st Series, Volume 7.djvu/928

 916 FSDSSAL BEPOBl^B. �out regard to the purposes for which the faeteaingis intended; and if the defendant's elasp is in substance the saine as that described in the Seaver patent, it constitutes an infringement of that patent, notwithstanding it is intended to be employed for a purpose not mentioned in the patent. The next posi- tion taken by the defendant is — �That if the Seaver patent is held to cover the device therein described, without regard to the purposes for which it may be applicable, then the invention is anticipated by the ordinary corset fastening and the ordinary hand-bag fastening, of which specimens are put in evidence. �But the corset fastening and the hand-bag fastening diiier from th« Seaver clasp in thia : that in the Seaver clasp the but-, ton or cap is connected with, and hinged upon, the base, and the clasp operates byretaining between the cap and the base the article intended to be clasped ; while in the corset fast-, ening and the hand-bag fastening, the two, plates are not connected together, or hinged one upon the other, and. the fastening is accomplished by attaching one plate to one side of the corset, or bag-opening, and the other to the other side, and then slipping an eyelet placed' in one plate over a stud placed on the other plate. The difference between the two devices is plain and substahtial. �The last position taken in respect to this patent is — That an essential feature of the device ia that the cap and .base plate are connected by a jackkntfe hinge, and the defendant's clasp is no infringe-i ment, because it contains no jaclcknife hinge. �As I understand it, there must be a spring and also a pintle to constitute a jaokknife hinge. The description of the drawings given in the Seaver patent states that the cap and base are connected by a jaokknife hinge, but further on it is expressly stated that the spring may be dispensed with. I am unable, therefore, to say that a jaokknife hinge is an essential feature of the device described in the Seaver patent. I have no diffioulty, however, in holding that an essential feature of the Seaver invention, as described in the patent, is a cap and base plate connected together by means of a hinge, of which a pintle forms a part. �But assuming that the Seaver patent is for a combination wherein a spring is not, and a pintle is, an essential element^ ��� �