Page:Federal Reporter, 1st Series, Volume 9.djvu/526

 tOBILLABD V. CABBOLL. 511 �^hanged, and is to be decided upon the case as now presented. V. S. Stamping Co. v. King, 17 Blatohf. 55. �The anticipations now to be considered are screws, nails, coins, and other similar thinga pressed into the surface of the plugs at t base stages of manufacture to identify some particular plugs to the manufacturers themselves, and not to go into the market with the plugs, to be observed by tradesmen or consumers ; and initial letters and trade names impressed into gome, plugs of lots placed in the moulds at the same time by metallic letters placedj loosely among the plugs within the moulds, or attaohed to the inner sujrf ace of the moulds, intended to mark the tobacco with those plugs for consumers ; and there were tin labels almost exactly like Siedler's in use upon the eorks of bottles. The coins and things of that sort would not accom- plish the whole object sought by Siedler's invention. They would identify particular plugs through the processes of manufacture, and this is all they were used for, but would be of no use between manu- facturers and customers or consumers. The letters were not labels, apd could not be made to answer the place of labels on that sub- stance. From the nature of the tobacco the letters must be large to be legible, — too large to have enough to answer the purpose of a label put upon the surface of single plugs; and they could not by the means used be put upon but few of the plugs, as they were subjected in a body to the final pressure. The tin labels from corks could not be placed upon the finished plugs tastefully and securely because the hard-pressed surface of the plugs would not receive and hold them. The object desired was to mark each plug so that the manufacturer or packer would be known by the mark on each plug throughout until it should reach the consumer, and to do this by such means that products of one could not be placed under the marks of another, and 80 as to leave the plugs symmefcrical and tasteful to those who will use them. A label or tag was to be sought which would not be large enough to cover much of the surface, of such material that letters of a size small enough, so a sufficient number could be used might be put upon it, which could be fastened permanently enough to remain until the plugs reached the consumer, and which would be removable then and woald not injuriously afiect the quality of the tobacco. Siedler accomplished this by the tin label, which could be lettered, having prongs put into each plug in the last stages of manufacture and pressed into them, so that the shape of the plug would be preserved, the label pould not be removed without dis- ��� �