Page:Federal Reporter, 1st Series, Volume 8.djvu/726

 712 FEDBBAL EEPOBTER." �ate far the same purpose in precisely the same way. The new are said to be of uniform thickness about the bends, but so are the old; the new are said to be seamless, but the old are solid at the juncture of the moulds ; the new are said to be marked with "longi- tudinal straitions," but these have nothing whatever to do with the quality or operation of the trap. They are merely the inevitable marks of the die. They are said to distinguish in appearance the new from the old, but that would only be the subject of a design patent, if any. The only difference there can be, in reality, is that one is cast and the other is drawn. If there is any substantial difference be- tween lead or other suitable soft metal, when cast, and when wrought or drawn, well enough known to be the subject of judicial notice, the court should doubtless regard that difference. There is a well-known difference betweencast iron and wrought iron; but this isnot because castiog makes the difference. Only iron of the quality of cast iron can be cast. It is not so, or is not commonly known to be so, of lead, or other suitable soft metals. They may be either moulded or wrought or drawn of the same quality, and are apparently of ihe same quality when done. These old and new traps are therefore alike, in thCi sense of the patent law. They are of the same material, and accpmplish the same result in the same way. The sole difference is that in appearance between the bark-like surface of one and the straited surface of ^he other. There is nothing between the two to be in- vented and the patent covers no invention. Wood Paper Patent, 23 Wall. 662. However meritorious an invention of the meansfor mak- ing a drawn trap might be, this patent, which, while it describes means, is for the product only, bas nothing to rest upon. The bill is dismissed, with costs. ��� �