Page:Federal Reporter, 1st Series, Volume 8.djvu/161

 HOFEITT V. ROOEBS. 147 �MoFMTT ». RojQtERs and others. �(Oireuit Court, D. MaMachusette. July 2, 1881.) �1. Patent No. 178,869 — CouNTBR-S*lppi!ira!R Machine — Validiit. �Letters patent No. 178,869, granted June 20, 1876, to John R. MofBtt, for process a^d macbine for manufacturing counter stifieners for boots and shoes, hdd, invalid. �2. Patent — New Application of Oud Machine. �While a patent ma}' hardly be sustained for a process or method which coil- sists cnly in applying an old machine to a new use, it will only be supported when the new use is so remote from the old use that it is evident that a new idea has been discovered. �3. Specification— Admission bt Patentee. �An admission i>^ a patentee, in his specification Or application for a patent, cannot afterwards be contradicted by him. Leggell y. Awr}/, 101 U. S. 256. �4. Counter Stiffenbrb — Old Methodb— Combinai^qn of Old Mbthods— �Patentability. �The methods of manufacturing counter stifleners for boots and shoes, eitlier by forcing the blanli through a mould by meaus of a revolving former, or by molding the blank by pressure between a maie and female mould, bcing old, complainant's process combining both such methods, in the manufacture of each counter, in a single machine, held, not patentable. �In Equity. �B. Fi ButleryE:F. Hodges, and J. C.Maynadier, for complainant. �Chauncey Smith and T. L. Wakefield, for defendants. �LowELL, C. J. A patent was granted to the plaintiff, June 20, 1876, Nq. 178,869, for an improvement in machinery for manufac- turing counter stifieners for boots and shoes,; The patentee, in his specification, says : �"My invention relates to the shaping of the counter from the blank; and consista, primarily, in using a double process for effectiiig this, as will be more fully explained hereinafter, — the flrst process consisting in shaping lliem by means of a former moving upon an axis, and suitable means for holding the blank up to the former; and the secolid process consisting in moulding the counter so formed over a maie mould of the desired form. By this double process a counter is formed whichsuits the wants of the consumer much bettec than any other known to me." �These counters or, counter stiffeners are made of leather, or leather board, whieh isa .composition of leather, and are used to increase the thickness and resistance of a boot or shoe at the heel. To be most convqnient for the makers of boots and shoes, they should correspond tq 4he shape of the heel. Several machines had been invented by the plaintiff and by othsrs for their manufacture before 1876. .Jtikad bee» foundiextremely difficult to construet machinery ��� �