Page:Federal Reporter, 1st Series, Volume 8.djvu/619

 JUDD V. BABCOCK. 605 �JuDD », Baboock and another. [Giraiit Court, D. Gonnecticut. August 6, 1881.) �1. Rb-issue No. 8,672 — Bash BuppouTBBb— Infeingement. �Be-issued letters patent No. 8,672, granted April 15, 1879, to Cliaries A. Schaefer, for improvement in sash supporters, the original patent bei"g No. 64,910, granted May 21, 1867, hM, not infringed by devices constructed under letters patent No. 82,580, granted September 28, 1868, to Franlclin Babcock, for sash holder. �Complainant's sash supporter, consisting of a cylindrical screw-case secured in position in the window-iamb, with a longitudinally-moving flat-sided plun- ger fltting into a flat-sided bearing in the case, having a pulley at its outer end bearing against the sash, and operated by a spiral spring, hdd, not in- fringed by defendants' sash- holder consisting of a cylindrical screw-case secured to the window frame, a plunger operated by a spring and having a shoulder on it oiiter end to fit in notches eut in the edge of the sash and support the window at certain heights. �2. Inventor— Application of Old Deviob to New Ubb. �An inventer who first applies an old device to a new use is not entitled to the exclusive use of such device when applied in other and not analogous mechanisms to produce a new efEect. �Charles E. Mitchell, for plaintiff. �William E, Simonds, for defendants. �Shipman, D. J. This is a bill in equity, founded upon the alleged infringement of re-issued letters patent granted April 15, 1879, to Charles A. Schaefer, assigner to the plaintiff, for an "improvement in sash supporters." �The original patent was granted to Schaefer May 21, 1867. In the original specification the invention was styled "a spring and fric- tion roller for regulating sash, " and the patentee says : �" The object of my invention is to provide means for holding loose sash in window frames in such a manner as to prevent a lateral motion, which fre- quently rendera the coinmon sash spring inoperative, and otherwise produces a disagreeable rattling noise, and its nature consists in the use of a cylin- drical screw turned into the jamb casing, and having fltted into its cavity the shank of a pulley-fork operated by a spiral spring. By this arrangement a convenient device is provided for holding sash in position to be easily run up and down in the frame, and also press the sash against that side to which the lock is put on." �The specification, in describing the method of adjusting the deyice iu the window jamb, also says : �"A hole, of suitable size, must be made in the jamb casing, after which the cylinder, A, can be turned in, by means of a common wrench, to such a depth as will allow the full force of the spring, I, to press the roller, d, against sash, n, and permit the shank, c, to have a backward longitudinal motion for over- coming the inequality of the width of sash. This can be easily doue by turn- ��� �