Page:Federal Reporter, 1st Series, Volume 8.djvu/924

 910 FEDERAL REPORTER. �unbroken length] orae œntiniious thread, cord,or tape, or [else the skeins upon the card that is simply perforated, or otherwise equivalently weakened be- tween the said sections, may be disconnected, so as to form] they may be independent [and] 0/ eaeft otJier; i. e., separate pieces [of the fabrio upon] o« the several sections, b. Thus put up, on any pattern card, the fabric, which may consist [in] of woven, braided, or twisted cord, tape, ribbon, braid, 07- thread, [wire, or any other narrow articles measiired by the yard,] cannot tangle [twist or] nor soi], neither in the hands of the actual consumer, mer- chant, or manufacturer. Under the old style of putting up such goods they were very apt to become entangled, and, as they had to be separately meas- ured in dealing out certain lengths, [they] their delicate tints were often soiled [and] or they toere twisted out of shape." �Eeading in the foregoing what is outside of brackets and what ia in italics, and omitting what is inside of brackets, we have the speci- ucation of the original patent. The olaims of the reissue are as follows: �" (1) The device for holding thread, consisting of card-board notched at the ends, 80 as to separate said threads into two or more sections, or skeins, as set forth; (2) the device for holding thread, consisting of card-board, notched at the ends, and perforated lengthwise, so as to be formed into sections, to allow of conVenient separation of the sections and skeins of thread, as and for the purpose set forth ; (3) the improved method described of putting up thread, at any narrow fabric, in skeins, on card-board notched at the ends, by winding the fabric continuonlsly from one notched section of the card-board to another, as and for the purpose set forth." �The original patent had only one claim, as follows : " The device for holding thread, formed of a card, A, notched at the ends, so as to be formed into sections, 6 b, as set forth." �The putting up of the skeins by winding the fabrio continuously from one section to another is found in the original specification. So, also, is the perforation of the card lengthwise. But the original does not suggest that the sections can be other than parts of the same continuous card, attached together only because and as parts of the same unit, and requiring detachment by the cUtting or physical sev- ering of the body of such unit in order to become Sections. The reissue omits the cutting apart and detaching, and the expression "a card." �The defendant's arrangement, which is alleged to infringe, consists of detached pieces of notched card-board, with the fabric wound con- tinuously from one to another, and then the pieces laid side by aide, and two pieces of loose card-board laid crosswise o£ the first-named pieces between their upper faces and the lower sides of the woiind fabrio, so that the whole is capable of being taken up and moved ��� �